Legislation forcing TikTok to be sold, or face a nationwide ban, is moving rapidly through Congress and is expected to become law this week. The measure gives ByteDance, TikTok’s China- based owner, up to a year to divest from the hit video-sharing app or be put out of business in the U.S. It is expected to be approved by the Senate on Tuesday and signed by President Biden.
Lawmakers from both parties say TikTok is a national security risk, fearing Chinese government officials could ask the app for data on millions of Americans, or push the service to amplify disinformation ahead of elections. TikTok has long said the Chinese government has never asked for Americans’ data, and if it were asked, the company says it would refuse to comply. However, under Chinese national intelligence laws, TikTok would be legally bound to hand over information on American users of the app.
Critics of the legislation argue TikTok is being unfairly caught up in the geopolitical tensions between the U.S. and China, pointing out that China has already amassed digital dossiers on Americans through suspected hacking operations. They argue that a ban on TikTok would do little to protect national security and would instead stifle free speech and innovation.
TikTok has confirmed that it is preparing a federal lawsuit seeking to block the law. The company plans to argue that curbing the speech of the 170 million Americans who use the platform is a First Amendment violation. Experts say allowing the government to limit speech requires clearing a very tall legal hurdle, but one way to do so is by proving the speech restriction was enacted in the name of national security, which has long been the justification for cracking down on TikTok.
Previous attempts to shutter TikTok in the U.S. have not been successful. Three separate federal district judges have blocked efforts to ban TikTok, finding that the government has not provided sufficient evidence to support its national security claims. It remains to be seen whether the new legislation will fare any better in court.
If the ban is implemented, it would have a significant impact on the social media landscape in the U.S. TikTok is one of the largest and most valuable social media platforms in the world, and its removal would create a void that would likely be filled by competitors such as Meta, Google, and Amazon.
The saga between TikTok and the U.S. government is far from over. The legal battle over the ban is likely to take years to resolve, and it is uncertain how the app’s future will ultimately play out.
