The future of TikTok in the United States has become uncertain. President Joe Biden recently signed a new law that requires ByteDance, the company that owns TikTok, to sell the popular app within the next nine months. If they don’t sell it within that timeframe, they may get a maximum extension of 90 days. However, if ByteDance fails to sell TikTok by then, the app could be blocked from operating in the country.
This new legislation highlights the ongoing tensions between the U.S. government and the Chinese-owned social media platform that has seen tremendous growth in recent years. Concerns about data privacy and national security have led to this move.
To help you better understand the situation and what’s at stake, we’ve prepared a special overview explaining the critical details behind this ongoing dispute between the United States and TikTok. Stay tuned as we break down the backstory, the implications, and what could happen next for one of the world’s most popular apps.
What happened to TikTok in the US?
The recent sanction against TikTok is part of an ongoing dispute between the app’s Chinese owner, ByteDance, and the U.S. government that began in 2020 under former President Donald Trump’s administration. Since then, TikTok and other Chinese-developed platforms like WeChat have faced setbacks, with their use being banned in some cases.
However, the biggest threat to TikTok’s operations in the U.S. came to light just this past weekend. The House of Representatives approved a new act called the “Preserving National Security Through Robust International Trade Law” (in simple terms). As reported, the Senate approved this act on Tuesday and signed into law by President Biden on Wednesday.
This new law covers several international policy issues, including a requirement for ByteDance to sell off TikTok within the next 9 months. They may get a maximum 90-day extension beyond that. But if ByteDance fails to sell TikTok within that timeframe, the app will essentially be blocked and become inaccessible in the United States – both on the web and the iOS/Android app stores.
Can TikTok be blocked in the US?
The recent U.S. law does not automatically block TikTok right away. The ban will only apply if ByteDance fails to sell off and relinquish control of TikTok’s U.S. operations within the timeframe set by the legislation.
Specifically, ByteDance has an initial 9-month period to complete a sale of TikTok’s U.S. business. And even after that, they can potentially receive an extension of up to 3 additional months – giving them a maximum of 12 months to finalize a deal.
Why does the US want ByteDance to sell TikTok?
The recent legislation is another chapter in the ongoing diplomatic tensions between the United States and China. The US government argues that ByteDance, the company behind TikTok, collects user data, posing a threat to national security.
According to Claudio Penteado, a professor at UFABC and the National Institute of Technology in Digital Democracy, this law is part of a broader political and commercial dispute between the two countries. He points out that the US accuses ByteDance of actions that American companies also engage in, such as data collection. Both China and the US recognize the strategic importance of data in today’s platform-based economy and its implications for national sovereignty.
Fernando Hessel, a journalist specializing in Pentagon and White House affairs, emphasizes the sensitivity of national security issues in the US. While the US and China are economic rivals, they have had a somewhat peaceful coexistence. However, there are limits to this diplomatic relationship.
Hessel highlights that TikTok’s refusal to grant the US government access to the collected data has intensified tensions between the two nations.
TikTok will appeal
In response to the legislation, TikTok has stated that it believes the law is unconstitutional and plans to appeal. The company asserts that it has invested significant resources to safeguard US data and ensure the platform remains free from external influence and manipulation.
Marcelo Cárgano, a digital law specialist at Abe Advogados, highlights TikTok’s argument that the law infringes on freedom of expression, noting that the US has broad laws. He suggests that the matter may eventually reach the Supreme Court.
However, this legal battle won’t be easy. Thiago Bento dos Santos, a digital law lawyer at Lopes & Castelo Sociedade de Advogados, is skeptical about the chances of success in challenging the law’s legality and constitutionality in US courts.
Despite TikTok’s substantial lobbying efforts exceeding $7 billion this year alone, they have not achieved the desired results. As a Pentagon observer, Fernando Hessel points out, even extensive lobbying hasn’t resolved concerns about potential national security threats. He emphasizes that the US takes such matters seriously, and any perceived vulnerability is unlikely to be ignored.
