TikTok is a short-form video app that has seen massive growth since launching in 2016, with over 1 billion monthly active users as of 2022.
However, TikTok has faced scrutiny in the US over concerns that its Chinese parent company ByteDance could be compelled to hand over American user data to the Chinese government. This sparked actions by the Trump administration in 2020 to try to ban TikTok or force a sale of its US operations.
While legal challenges blocked the proposed ban, the debate continues over whether TikTok actually poses a serious security risk. This article will examine the growth of TikTok and the national security concerns raised, and analyze whether TikTok is likely to be banned in the US.
Security Concerns
TikTok has faced scrutiny over data privacy issues, with critics alleging the app collects excessive amounts of user data which could be accessed and used by the Chinese government. TikTok’s parent company, ByteDance, is based in China, leading to fears that data from TikTok’s over 100 million American users could be obtained by Chinese authorities (TIME).
There have also been accusations that TikTok censors certain content, such as posts critical of China. Employees in TikTok’s Beijing office have been reported to have the ability to access U.S. user data, fueling concerns about foreign influence over the platform (Global News).
Privacy advocates warn that the types of data collected by TikTok could be used to train algorithms and build detailed user profiles. While TikTok claims it stores American user data in the U.S. and Singapore, there are still fears Chinese authorities could potentially gain access (CBC).
Trump Administration Actions
In August 2020, then-President Donald Trump issued several executive orders targeting TikTok over national security concerns around the collection and transmission of American users’ data to China. One order specifically prohibited any transactions with ByteDance, TikTok’s parent company, by any person or entities subject to U.S. jurisdiction. It declared that the country must take “aggressive action” against the owners of TikTok to protect national security.
The executive order set a deadline of September 20, 2020 for ByteDance to divest its interests in TikTok’s operations in the United States. Trump also issued a similar order targeting WeChat and Chinese tech companies over the same concerns about ties to the Chinese Communist Party.
TikTok immediately challenged the executive order in court. After some back and forth rulings, a federal judge issued an injunction in December 2020 blocking the TikTok ban from going into effect. The judge ruled that the ban was likely “arbitrary and capricious” and that the administration had overreached its authority.
Even with the legal challenges, TikTok entered negotiations for its U.S. operations to be acquired by an American company to avoid any ban. However, no final deal ever materialized during the Trump presidency. The threat of restrictions targeting TikTok has continued into the Biden administration, with ongoing national security reviews.
Proposed TikTok Sale
In response to the security concerns and potential ban, TikTok’s parent company ByteDance has been in negotiations to sell TikTok’s US operations. The two lead bidders have been Microsoft and Oracle, though a deal has faced challenges and delays.
Microsoft initially presented a proposal to acquire TikTok’s services in the US, Canada, Australia and New Zealand. However, President Trump expressed opposition to Microsoft facilitating the deal and wanted a substantial portion of the proceeds to go to the US Treasury as a “fee” (WSJ). Negotiations stalled as ByteDance rejected demands for the Treasury payment.
In August, Oracle entered the bidding, proposing to become TikTok’s “trusted technology provider” in the US rather than an outright owner. This avoided an outright sale of TikTok’s algorithms and technology to a US company. However, it was still unclear if this type of partnership would resolve the security issues cited as justification for a ban (The Guardian).
As the September deadline for a TikTok sale approached, the deal remained unsettled, with ByteDance rejecting terms demanded by the US committee overseeing acquisitions on national security grounds (Barron’s). It was uncertain if TikTok would be banned or sold in the US under the Trump administration’s executive orders.
Legal Challenges
TikTok has filed multiple lawsuits challenging proposed bans in various U.S. states. In October 2022, TikTok sued the state of Montana over its ban, arguing it was unconstitutional and violated free speech rights (AP News). TikTok and content creators claimed the ban would prevent them from building online communities and expressing themselves through the platform.
In November 2022, a federal judge seemed skeptical of Texas’ proposed TikTok ban at public universities during a court hearing, questioning whether it was unconstitutional (Texas Tribune). The judge has not yet issued a ruling.
In December 2022, a federal judge blocked enforcement of President Biden’s TikTok ban, while a state judge in Indiana threw out a TikTok lawsuit in that state, delivering both wins and losses for TikTok’s legal strategy (CNN). So far court rulings have been mixed, but TikTok continues its legal battles against proposed bans.
Effects if Banned
Perhaps the greatest effect of a potential TikTok ban would be on the platform’s creators and influencers. A ban would cut off a major source of income and audience reach for many of TikTok’s popular personalities. According to one analysis, a ban could impact “over 30,000 TikTok creators in the US who earn a livable wage” (source). Some creators are already exploring alternative platforms like Instagram Reels to rebuild their followings (source). However, transitioning audiences to a new platform is difficult. A ban would likely lead to decreased earnings and loss of audience reach in the short-term for TikTok influencers.
Instagram Reels is one of the most direct TikTok competitors and would likely see increased usage in case of a TikTok ban. Reels has similar short video creation tools and allows sharing to the broader Instagram audience. However, Reels still lacks some of TikTok’s key features for creators, like monetization and editing effects (source). Other apps like YouTube Shorts, Byte, and Triller also aim to gain TikTok’s audience share in case of a ban. But replicating TikTok’s level of creator tools and audience reach will be a challenge.
Precedents
There are some precedents when it comes to banning apps over national security concerns. One major example is the Chinese tech company Huawei. The US government has banned the use of Huawei telecommunications equipment due to concerns that the company’s ties to the Chinese government pose a security risk. Huawei smartphones are essentially banned in the US as they cannot access Google’s Android services. This sets a precedent for banning apps and devices when there are concerns over foreign governments accessing data.
Another relevant precedent is the US ban of WeChat in 2020. The Trump administration tried to ban use of the Chinese messaging app over data privacy and national security concerns related to the company’s ties to the Chinese government. However, courts blocked the ban from going into effect, setting limits on the government’s authority. This could indicate potential legal limitations if the US attempts to fully ban TikTok.
There are also precedents of individual US states attempting to ban certain apps. For example, Texas briefly banned the use of TikTok on government devices in 2020 before reversing course. Indiana, Louisiana, and Maryland have also tried instituting TikTok bans to varying degrees. However, the recent legal challenges suggest states may face uphill battles in trying to impose broad bans.
While there are relevant precedents, a complete federal ban of a consumer app like TikTok in the US would be largely unprecedented. The courts, public opinion, and effects on the tech industry could shape how viable an outright ban is. But previous app bans provide some guidance on the complex legal terrain.
Expert Opinions
There are a range of views on banning TikTok from technology and legal experts. According to Mike Cook, Director at the Center for the Digital Future, “Banning TikTok would likely face significant legal challenges and have major implications for free speech” (Reuters). However, Jack Goldsmith, a Harvard Law School professor and co-founder of Lawfare blog, argues that “there is ample precedent for the ban” and it could be accomplished through an executive order (CBS News).
Some experts believe there are alternatives to an outright ban. According to Betsy Cooper, Director of the Aspen Institute, “The US could take a regulatory approach to mitigate potential risks from TikTok rather than banning it” (CNN). But others like Fergus Hanson, Director at the Australian Strategic Policy Institute, contend that “Regulation likely wouldn’t eliminate espionage risks” and “a ban may be the only way” (CNN).
In summary, experts have put forth arguments both for and against banning TikTok in the US, highlighting legal, technical, and policy considerations on both sides of the debate.
Public Opinion
Several recent polls have gauged public support for banning TikTok in the US. According to a March 2023 Pew Research Center survey, 64% of US adults favored their government banning TikTok, while 34% opposed the idea and 2% were unsure. This represented a sharp increase in support for a ban compared to a December 2022 Pew poll, which found only 38% in favor.[1]
However, some are concerned about potential government overreach in banning apps. Critics argue that banning entire platforms could set dangerous precedents for limiting free expression and access to information. They suggest a TikTok sale or stricter regulations could address security concerns without a complete ban.
Conclusion
In summary, TikTok faces rising scrutiny from the Trump administration and lawmakers over concerns about its ties to China and potential national security risks. While no definitive action has been taken yet, President Trump has issued executive orders to ban TikTok unless it’s sold to an American company. However, TikTok’s parent company ByteDance is challenging these orders in court. There’s no certainty whether an outright ban will occur or if TikTok will be forced into a sale.
The implications of a potential TikTok ban are far-reaching. It could set a precedent for restricting other Chinese tech companies and apps in the US. A ban could also mean the loss of a vibrant social platform used by over 100 million Americans. However, if a sale goes through, TikTok may be able to continue operating. Going forward, TikTok will likely need to implement further safeguards around data privacy and security to satisfy US regulators.
In conclusion, the TikTok saga highlights the rising tensions between the US and China over technology and data control. While the app’s fate is still undetermined, the scrutiny it faces will likely lead to significant changes in how it operates in America.
