Case 1:20-cv-02658-CJN Document 65 Filed 02/11/21 Page 1 of 3

IN THE UNITED STATES DISTRICT COURTFOR THE DISTRICT OF COLUMBIATIKTOK INC., et al.,Plaintiffs,v.

Case No. 20-cv-02658 (CJN)

JOSEPH R. BIDEN, JR., in his official capacity
as President of the United States, et al.,Defendants.

JOINT STATUS REPORT
Pursuant to the Court’s January 13, 2021 Minute Order, the parties have met and conferredregarding a schedule for further proceedings in this action, and hereby submit this joint status
report.
As discussed in prior filings, see ECF Nos. 61 and 64, the parties have continued to confer
in an effort to eliminate or narrow disputes regarding the appropriate scope of the record in advanceof the filing of dispositive motions. While those discussions were ongoing, Defendants’ counsel
informed Plaintiffs’ counsel regarding the following developments: As the Biden Administration
has taken office, the Department of Commerce has begun a review of certain recently issued
agency actions, including the Secretary’s prohibitions regarding the TikTok mobile application atissue in this case. In relation to those prohibitions, the Department plans to conduct an evaluationof the underlying record justifying those prohibitions. The government will then be better
positioned to determine whether the national security threat described in the President’s August 6,
2020 Executive Order, and the regulatory purpose of protecting the security of Americans andtheir data, continue to warrant the identified prohibitions. The Department of Commerce remains

Case 1:20-cv-02658-CJN Document 65 Filed 02/11/21 Page 2 of 3committed to a robust defense of national security as well as ensuring the viability of our economy
and preserving individual rights and data privacy.
Because a review of the prohibitions at issue here may narrow the issues presented oreliminate the need for judicial review entirely, and to allow new agency officials sufficient time tobecome familiar with the issues in this case and to allow the agency to adequately consider theissues presented in this case, the Government filed motions to hold in abeyance both the ongoingappeals before the D.C. Circuit of the preliminary injunctions previously entered by this Court.
See TikTok Inc. v. Biden, No. 20-5302 (D.C. Cir.); TikTok Inc. v. Biden, No. 20-5381 (D.C. Cir.).
Those motions were unopposed by Plaintiffs.
For the same reasons that the Government requested that the ongoing appeals be held inabeyance, Defendants’ position is that it likewise makes sense to stay further proceedings before
this Court based on the above developments. Plaintiffs agree that, so long as the D.C. Circuit
appeals are held in abeyance, district court proceedings should also be held in abeyance.
Accordingly, the parties jointly propose that the pending deadlines in this matter be stayed,with a further joint status report due in 60 days, i.e., on April 12, 2021. In the event that the D.C.
Circuit declines to hold the ongoing appeals in abeyance, the parties will further confer and file,within seven days of that decision, a joint status report setting forth their position(s) on a schedule
for further proceedings in this action.

DATED: February 11, 2021

Respectfully submitted,/s/ John E. HallBRIAN M. BOYNTON
Acting Assistant Attorney General.

John E. Hall (D.C. Bar. No. 415364)
Beth S. Brinkmann (D.C. Bar. No. 477771)
Alexander A. Berengaut (D.C. Bar. No. 989222)
Megan A. Crowley (D.C. Bar. No. 1049027)

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Case 1:20-cv-02658-CJN Document 65 Filed 02/11/21 Page 3 of 3

ALEXANDER K. HAAS
Branch Director/s/ Daniel Schwei
DANIEL SCHWEISpecial Counsel
SERENA M. ORLOFFMICHAEL DREZNER
AMY E. POWELL
STUART J. ROBINSON
Trial Attorneys
United States Department of Justice
Civil Division, Federal Programs Branch
Ben Franklin Station, P.O. Box No. 883
Washington, DC 20044

Megan C. Keenan (D.C. Bar. No. 1672508)
COVINGTON & BURLING LLPOne CityCenter
850 Tenth Street, NW
Washington, DC 20001
Telephone: +1 (202) 662-6000
Facsimile: + 1 (202) 778-6000
Email: jhall@cov.com
bbrinkmann@cov.com
aberengaut@cov.com
mcrowley@cov.com
mkeenan@cov.com
Mitchell A. Kamin (Pro Hac Vice)
COVINGTON & BURLING LLP
1999 Avenue of the Stars, Suite 3500
Los Angeles, California 90067-4643
Telephone: + 1 (424) 332-4800
Facsimile: + 1 (424) 332-4749
Email: mkamin@cov.com
Anders Linderot (Pro Hac Vice)
COVINGTON & BURLING LLPThe New York Times Building
620 Eighth Avenue
New York, New York 10018-1405
Telephone: +1 (212) 841-1000
Facsimile: + 1 (212) 841-1010
Email: alinderot@cov.com
Attorneys for Plaintiffs

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