The immensely popular video-sharing app TikTok has been under intense scrutiny in the United States due to concerns over data privacy and national security. In April 2024, President Biden signed into law legislation that requires ByteDance, TikTok's parent company in China, to divest from the app or face a nationwide ban. As the fate of TikTok hangs in the balance, many wonder if the app will truly be illegal in the U.S.
The TikTok Bill & Its Implications
The Protecting Americans from Foreign Adversary Controlled Applications Act, included in a $95 billion foreign aid package, gives ByteDance 270 days to sell TikTok. It includes a possible 90-day extension if needed. If ByteDance fails to comply, TikTok could be banned nationwide. The bill has gained bipartisan support. Lawmakers have expressed concerns over the potential for the Chinese government to access sensitive user data through the app. This legislation marks an important step in the U.S. government's efforts to address the concerns of foreign-owned tech companies, particularly those with ties to China.
Legal Challenges & Uncertainties
TikTok has filed a lawsuit against the U.S. government, arguing that the law is unconstitutional and violates the First Amendment. The company's CEO, Shou Zi Chew, has said that TikTok users will continue to have access to the platform as the bill is challenged in court. The outcome of this legal battle remains uncertain, and the case could potentially end up before the Supreme Court. It is likely that the legal process will be lengthy and complex. There will be a need for courts to strike a balance between national security concerns and the protection of free speech and due process.
Data Privacy Concerns & Comparisons
Intelligence officials have not provided direct evidence of data transfer between TikTok and the Chinese government. However, they have stressed the potential risks. TikTok's data collection practices, while extensive, are not entirely unique among social media platforms. The data collected by TikTok "pales in comparison" to the information already available for purchase through U.S.-based data brokers, per Nebraska Examiner. This raises questions about the singling out of TikTok and whether the focus should be on strengthening overall data privacy laws rather than targeting a specific app.
If ByteDance is forced to sell TikTok, potential buyers could include large tech companies like Microsoft, Oracle, and Walmart. They would also include wealthy individuals and investment groups. However, the sale of TikTok to prevent a ban faces several obstacles. This includes the transfer of its algorithm, which is a key component of the app's success. China would likely have to approve the transfer of the algorithm, a move that experts believe is unlikely, according to CNBC. Additionally, TikTok's estimated $100 billion value could limit the pool of potential buyers to the world's wealthiest individuals and companies.
Enforcement Challenges
Enforcing a nationwide ban on TikTok could prove challenging for the U.S. government. App stores like Google Play and Apple's App Store could be compelled to remove the app. But this would not remove TikTok from phones that already have it installed, per TechTarget. Additionally, users could potentially circumvent a TikTok ban by using VPNs or alternative app stores. This would require some technical knowledge. There are also questions about TikTok's effectiveness in protecting national security and privacy.
The future of TikTok in the United States remains uncertain. The company continues to navigate legal challenges and faces pressure from lawmakers and lobbying groups. While data privacy concerns are valid, some argue that the focus should be on addressing the laws rather than singling out TikTok. As a result of this confrontation, TikTok and its users will be adversely affected. It will also change how the U.S. government approaches data privacy issues in the future. Regardless of the decision, the TikTok ban raises critical questions about balancing national security, free speech, and social media's evolving landscape.