In two separate rulings, judges have questioned the evidence that says data from American users is being accessed by the Chinese government.
TikTok owner ByteDance and WeChat owner Tencent have denied the apps are used for spying on Americans
The Trump administration faces ongoing court battles after two legal setbacks in its efforts to bar US app stores from offering Chinese-owned TikTok or WeChat for download.
In two separate rulings, judges have questioned the evidence that data from American users is being accessed by the Chinese government imperiling US national security that prompted the extraordinary orders by the US Commerce Department.
US District Judge Carl Nichols, who issued an order late Sunday blocking the TikTok download ban that was set for 11:59pm Sunday, questioned the government's evidence.
"The government has provided ample evidence that China presents a significant national security threat, although the specific evidence of the threat posed by (TikTok), as well as whether the prohibitions are the only effective way to address that threat, remains less substantial," Nichols wrote in an opinion released Monday.
In the WeChat case, Judge Laurel Beeler in California wrote that "on this record – while the government has established that China's activities raise significant national security concerns – it has put in scant little evidence that its effective ban of WeChat for all US users addresses those concerns."
Beeler set a October 15 hearing on the Justice Department's request she reconsider her ruling and allow the WeChat order to take immediate effect.
TikTok owner ByteDance and WeChat owner Tencent have denied the apps are used for spying on Americans.
Nichols, a Trump appointee, anticipated further legal filings by both the government and TikTok before a final decision on whether to block other restrictions set for November 12.
Nichols also rejected the Justice Department's effort to invoke the Espionage Act, which authorises life imprisonment or the death penalty for those who share US defense secrets.
"It is not plausible that the films, photos, art, or even personal information US users share on TikTok fall within the plain meaning of the Espionage Act," Nichols wrote.
© Thomson Reuters 2020
Will Xbox Series S, PS5 Digital Edition fail in India? We discussed this on Orbital, our weekly technology podcast, which you can subscribe to via Apple Podcasts, Google Podcasts, or RSS, download the episode, or just hit the play button below.
For the latest tech news and reviews, follow Gadgets 360 on X, Facebook, WhatsApp, Threads and Google News. For the latest videos on gadgets and tech, subscribe to our YouTube channel. If you want to know everything about top influencers, follow our in-house Who'sThat360 on Instagram and YouTube.