TikTok Faces Ban Amidst National Security Concerns
Legislation passed by the House on Saturday aims to ban TikTok in the United States unless its China-based owner sells its stake within a year. Despite this move, the app’s future remains uncertain. House Republicans integrated TikTok into a broader foreign aid package, advancing the ban with President Joe Biden’s support and bipartisan backing for aid to Ukraine and Israel.
Originally stalled in the Senate, the inclusion of TikTok propelled the legislation forward. In March, a separate bill with a six-month selling deadline overwhelmingly passed the House, reflecting bipartisan concerns over national security linked to ByteDance Ltd., TikTok’s parent company.
The revised measure, approved by a 360-58 vote, now heads to the Senate following negotiations that yielded a compromise. Should the legislation become law, ByteDance would have up to a year to secure a buyer, likely contesting the law in court on grounds of violating users’ First Amendment rights. Legal challenges could prolong the process or prevent the law’s enforcement.
TikTok’s response to the Bill
ByteDance vigorously opposed the legislation, mobilizing its 170 million U.S. users, predominantly young, to voice opposition to Congress. However, this backlash irked lawmakers on Capitol Hill, where concerns about Chinese threats prevail, and where TikTok usage among members remains low.
TikTok CEO Shou Zi Chew recently affirmed the company’s commitment to its users, vowing to continue fighting and utilizing legal avenues to protect the platform. The swift progression of the bill through Congress is notable, particularly as it singles out one company, reflecting a departure from the hands-off approach to tech regulation that Congress has historically maintained. Despite longstanding efforts to address issues such as child safety online, user privacy, and platform liability, lawmakers have largely refrained from intervening in the tech sector.
The urgency surrounding the TikTok ban underscores widespread concerns among lawmakers regarding China. Bipartisan apprehensions, coupled with concerns from intelligence officials, center on the potential for Chinese authorities to access American user data or manipulate TikTok content to serve their interests. While TikTok has refuted allegations of being a tool for the Chinese government and claims not to have shared U.S. user data with Chinese authorities, the U.S. government has not publicly presented evidence to support these concerns.
TikTok to navigate the Legal Landscape with Precedents and Policy Challenges
With previous legal victories in mind, TikTok is optimistic about the prospects of a successful legal challenge. In a notable case last November, a federal judge blocked a Montana law seeking to ban TikTok statewide following a lawsuit filed by the company and five content creators. This legal precedent bolsters TikTok’s confidence in its ability to navigate legal challenges in the U.S.
In 2020, federal courts intervened to block an executive order by then-President Donald Trump seeking to ban TikTok, following a lawsuit filed by the company citing violations of free speech and due process rights. Efforts to broker a deal involving U.S. corporations Oracle and Walmart acquiring a significant stake in TikTok fell through, partly due to China imposing stricter export controls on its technology providers.
Numerous states and the federal government have implemented bans on TikTok for government devices, with Texas facing a legal challenge last year over its policy’s impact on academic freedom, which ultimately resulted in a federal judge ruling in favor of the state.
TikTok receives support in light of Free Speech
Support for TikTok has come from organizations like the American Civil Liberties Union, emphasizing the platform’s role in enabling free expression and access to information for its vast user base.
TikTok has launched a substantial advertising campaign opposing the legislative efforts, spending millions on TV ads featuring various content creators, including testimonials highlighting the platform’s positive influence on their lives and arguing against the infringement of First Amendment rights through a ban. Additionally, the company has mobilized its users to contact Congress, albeit some lawmakers have reported receiving profanity-laced communications.
Expressing concern over the bill’s potential impact, TikTok spokesman Alex Haurek underscored its implications for millions of users, thousands of businesses, and the U.S. economy as a whole. Content creators, such as Nadya Okamoto, who heavily rely on TikTok for income and advocacy, have voiced apprehension about the bill’s ramifications, highlighting the anxiety and anger among their peers regarding its potential impact on their lives and livelihoods.
In my opinion, TikTok should not be banned in the USA, even though such a ban may benefit the 𝕏 platform.
Doing so would be contrary to freedom of speech and expression. It is not what America stands for.
— Elon Musk (@elonmusk) April 19, 2024
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