TikTok’s future in the US is up in the air right now.
The House of Representatives just voted on a bill that demandsTikTok’sChinese owner sellthe appwithin a certain time or face a ban in the US. Policymakers are worried about Americans' security and privacy, but whether this bill will become law depends on its passage through the Senate, where its future remains uncertain, and then it still has to be signed by President Joe Biden. In the meantime, users are unlikely to see immediate changes, but the prospect of a ban still raises questions.
Many are wondering what’s next – who might buy it, the legal hurdles, and how a ban might affect users and influencers.
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1There is bipartisan support for a TikTok sale or ban
US political leaders on both sides want ByteDance to sell TikTok
The bill, titled the “Protecting Americans From Foreign Adversary Controlled Applications Act,” passed the House by a vote of 352-65 Wednesday morning with bipartisan support, despite TikTok’s efforts to mobilize its 170 million US users against it. The bill mandates ByteDance, TikTok’s Chinese owner, must sell the app to non-Chinese entities within six months or face a complete ban in the US. That’s right. US politicians won’t agree on common-sense safety measures – tragedy after tragedy – but both Republicans and Democrats are backing this bill.
Republican leaders, such as Representative Elise Stefanik, voted in favor, aligning with Democrats who see the bill as a necessary step to address national security concerns associated with TikTok’s Chinese ownership. The bill also received support from House Speaker Mike Johnson and former Speaker Nancy Pelosi, and it now heads to the Senate for further consideration.
This marks the first time Congress has passed a bill targeting a social media platform. The big problem it has with TikTok is its Chinese ownership. US officials are worried about American users' personal info possibly ending up in Beijing’s hands. Those against the bill bring up free speech worries and point to TikTok’s measures to safeguard user data on US servers. But supporters argue that, if compelled by Chinese authorities, ByteDance could be forced to share data, posing a significant risk to national security.
If the bill becomes law and ByteDance doesn’t sell the app, it will become illegal for app stores and web-hosting companies to offer TikTok. A TikTok ban would gradually render TikTok unusable, with users unable to receive updates. However, there are legal and technical challenges to the ban, including potential court battles and workarounds likevirtual private networks.
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2The bill is headed to the Senate and faces an uncertain path
Will Chuck Schumer bring it to a vote?
The bill’s journey through the legislative process still faces uncertainties, including as it moves to the Senate.
While President Biden has indicated his willingness to sign the bill, the Senate’s pace is slow, and some senators are already expressing reservations about rushing the decision. Majority Leader Chuck Schumer has been noncommittal about bringing it to a vote, and other senators, like Democrat Maria Cantwell, have raised concerns about the bill’s constitutionality and its potential impact on civil liberties. Still, bipartisan support in the House and pressure from the White House to act swiftly may influence the Senate’s stance.
Even if it passes the Senate, legal challenges are anticipated due to the complexity of international tech regulation and concerns about infringements on free speech. Additionally, if the bill becomes law and ByteDance ends up selling TikTok, big players like Google and Meta might swoop in for the acquisition. This would ring alarm bells – like antitrust ones. While President Biden has expressed readiness to sign the bill if it reaches his desk, his administration isn’t too keen on letting the tech industry get even more consolidated.
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3There are a lot of national security concerns over TikTok
Are they real or not?
Many in Washington fear TikTok could be exploited by the Chinese government for espionage or for widespread disinformation campaigns in the US.
While no evidence directly links TikTok to such activities, past incidents like formerByteDance employees surveilling Americanson the app have raised concerns. Additionally, there are worries thatBeijing could manipulate TikTok’s algorithm to shape users' content views.DespiteTikTok’s efforts to address security concerns,such as transferringUS user data to servers controlled by Oracle, skepticism remains, especially regarding Chinese law’s influence over data sharing practices.
National security officials assert that any solution short ofcomplete divestiture from China is unacceptable.
Proponents of the bill argue it is crucial for safeguarding national security, pointing to concerns about Chinese control over sensitive user data. They contend that, if pressured by Chinese authorities, ByteDance could be compelled to share data, presenting a substantial risk to national security. Representative Mike Gallagher has emphasized the need for a “common-sense measure” to protect national security, while critics such as Representative Maxwell Frost raise concerns about the bill’s infringement on First Amendment rights.
Critics also worry about bill’s efficacy in addressing underlying data security issues.
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4Users are responding to the possibility of a TikTok ban
TikTok and many of its users aren’t happy
TikTok estimates that5 million businessesuse TikTok to reach customers, so its potential ban has triggered a wave of concern among its influencers and users, who fear the loss of their businesses and online community. Many influencers, who rely heavily on the platform for income and connection with their audience, have rallied against the ban, arguing that it would significantly impact their livelihoods. The hashtag #TikTokban currently has nearly400,000 videosassociated with it.
“If they ban it, I don’t know what it will do," Summer Lucille, a TikTok creator with 1.4 million followers who is visiting Washington this week,said in an interview with AP. “It will be devastating.” Donald Trump, the former US President, has also shifted to opposing banning TikTok, contrary to his previous effortsto do so during his time in office. He’s now against it mainly because he sees it aspotentially helpingFacebook and Mark Zuckerberg, whom he doesn’t like. Also, there arefinancial interestsinvolved from a GOP billionaire and lobbying efforts from former aides.
Shou Zi Chew, or Chew Shou Zi, who has served as chief executive officer of TikTok since 2021,recently shared a video on TikTok’s official channel,expressing disappointment in the bill and its passage in the House. He also encouraged users to reach out to Senators, to protect their constitutional rights and make their voices heard. This video is currently being automatically served up to millions of users via the For You Page, continuously. I’ve seen it three times in the last 24 hours, and I don’t follow TikTok’s channel on the platform.
Let’s be clear that previous attempts to restrict TikTok in the US, such as Montana’s outright ban,have faced legal challenges, with courts ruling against such measures on constitutional grounds. The complexity of TikTok’s ownership structure, its massive user base, and its influence in the social media landscape make any attempts to curtail its operations subject to intense scrutiny and legal wrangling. Thus, even if the bill passes into law, the ultimate outcome regarding TikTok’s presence in the US remains uncertain.
5TikTok could still be sold, but who would buy it?
Let’s think about it for a second
While potential buyers exist, navigating regulatory and geopolitical hurdles poses significant challenges.
If the TikTok bill becomes law, it would prohibit the distribution of apps developed by ByteDance and its subsidiaries unless TikTok is divested within 180 days. However, the legality and feasibility of such a measure face significant hurdles. Any potential sale of TikTok is complicated by its high valuation. ByteDance’s forced sale of TikTok could lead to acquisition by major tech companies like Google, Meta, Microsoft, or Amazon – but such a sale would raise antitrust concerns, given the Biden administration’s stance against consolidating tech industry power further.
Moreover, any sale would require China’s approval, which complicates the process as it has expressed opposition to a forced sale. Lawmakers may attempt to leverage the House bill to push for a US buyer, although negotiations over TikTok’s sale have stagnated for years. Additionally, TikTok CEO Shou Zi Chew has indicated that the company would challenge the bill, potentially leading to protracted legal battles that could delay or alter the implementation of the proposed restrictions.
