As tensions escalate in the political arena, TikTok is caught at the center of a legislative whirlwind with the advancement of a bill in Washington that could spell the end of the social media giant in the US.
The situation intensified when the House approved a law that could effectively ban TikTok unless the company’s Chinese owners, ByteDance, divest their interests within a half-year timeframe following the bill’s enactment.
Here are the essential details:
Key Components of the Legislative Proposal
The proposed House bill presents ByteDance with a stark ultimatum: sell TikTok or face prohibition.
If ByteDance opts for divestiture, TikTok’s continued operations in the US would hinge on a Presidential decree, based on “an inter-agency process,” confirming the platform is no longer under foreign adversary control. Moreover, ByteDance must relinquish control over TikTok’s influential algorithm, which customizes user feeds to align with their preferences.
The sale of TikTok within the designated period poses a significant challenge for ByteDance, experts note.
ByteDance’s refusal to sell would result in TikTok’s removal from app stores—like Apple’s and Google’s—and web-hosting services until ByteDance divests its shares, as per the bill.
What is Prompting Congressional Concern?
Misgivings are rampant among bipartisan members of Congress, law enforcement, and intelligence officials regarding potential data risks posed by TikTok. They worry that Chinese entities might coerce ByteDance into surrendering data on its 170 million American users. Such fears are rooted in Chinese national security laws that obligate cooperation with intelligence operations—a mandate ByteDance is likely subjected to—amid broader concerns over China’s authoritarian sway.
TikTok, however, rejects notions of being an instrument of the Chinese government, maintaining that it has not and will not share US user data with Chinese officials. Furthermore, to date, the US government has not substantiated claims of such data sharing by TikTok with Chinese agencies.
Beyond security qualms, some lawmakers, scholars, and TikTok critics argue that the app might censor Beijing-critical content, an allegation TikTok rebuts. The Office of the Director of National Intelligence has also alluded to China’s influence via TikTok on recent US elections in a report.
Is TikTok’s Exit Imminent?
Not yet. The bill’s passage in the Senate remains pending, and its fate there is uncertain, with similar initiatives stalling previously. Notwithstanding, Senate reviews are expected to be comprehensive.
President Joe Biden has signaled that he would endorse the bill. If it passes, ByteDance will have 180 days to secure a qualified buyer for TikTok.
Legal challenges could also be put forth by TikTok, which has previously fought back against broader ban efforts both nationally and on state levels.
What Has Been the Fate of Past Ban Attempts?
In 2020, then-President Donald Trump sought to prohibit the platform via an executive order, a move thwarted by the judiciary following TikTok litigation.
Subsequent efforts for US corporate stakes in TikTok by Oracle and Walmart were facilitated by the Trump administration on national security grounds, yet this arrangement never materialized, partly due to new technology export limits set by China.
While President Biden rescinded Trump’s executive order, review efforts continued by the Committee on Foreign Investment in the U.S., signaling potential prohibitions in light of non-divestment by ByteDance. Still, the White House acknowledges the ongoing nature of these reviews.
Prohibitive movements by federal legislators faced challenges last year as a result of lobbying from TikTok alongside pushback from influencers and small businesses using the platform, as well as opposition from the American Civil Liberties Union and digital rights groups on the basis of freedom of speech and concerns that the newest House bill could infringe on the rights of Americans who depend on TikTok.
Content Creators’ Stance on the Current Bill
Should the bill be enacted, repercussions for small businesses engaged in marketing or sales via TikTok Shop, as well as implications for influencers reliant on the platform for income, are expected.
A group of TikTok content creators was reportedly brought to Washington to lobby against the bill this week, expressing worries about significant impacts on their lives and businesses should a ban be realized.
Ramifications for TikTok Users
Last week, TikTok encouraged users to contact their representatives over the bill, which they characterized as a precursor to a “TikTok shutdown.”
The company claimed the bill’s passage could deal serious blows to numerous businesses, undermine creators’ livelihoods, and limit artists’ reach. As a result, lawmakers’ offices saw an overabundance of calls from concerned users.
Potential Workarounds in the Event of a TikTok Ban
Despite potential bans, experts believe users could seek alternatives.
Virtual private networks (VPNs) are suggested as a means to skirt restrictions by masking user location, Roger Entner of Recon Analytics explains. Yet, the challenge for government enforcement lies in monitoring this activity, especially with internationally based VPN providers that fall outside US jurisdiction.
The employment of VPNs introduces additional security risks, particularly for users relying on insufficiently scrutinized or lower-quality VPN services.
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This report includes contributions from AP journalist Matt O’Brien.
FAQs About the Possible TikTok Ban in the US
Why is TikTok facing a potential ban in the US?
Concerns over national security and the possibility of Chinese authorities accessing US user data have prompted discussions about banning TikTok in the United States.
What does the House bill regarding TikTok entail?
The bill requires ByteDance to either sell its stakes in TikTok or face a ban, with prohibition being enforced through app store removals and disruption of web-hosting services.
Has TikTok been banned in the US?
Not currently. The proposed bill has cleared the House but still needs to pass the Senate and be signed into law by the President.
Would a VPN allow access to TikTok if it’s banned?
It is likely that users could employ VPN services to bypass a potential ban, though this does not mitigate additional security risks associated with some VPNs.
What happens if ByteDance doesn’t sell TikTok?
If ByteDance decides not to divest its shares, TikTok would be banned and removed from app stores and web-hosting services until it complies with the bill’s stipulations.
Conclusion
The potential ban of TikTok in the United States is a complex issue entwined with national security, freedom of expression, economic interests of businesses and influencers, and the legislative process. As the bill progresses, stakeholders, including lawmakers, TikTok, and its vast user and creator community, are awaiting its final outcome. The challenge will be finding a resolution that addresses security concerns without infringing upon the rights and livelihoods of millions of Americans.