No one has a plan for the app.
So: You’ve decided to force a multibillion-dollar technology company with ties to China to divest from its powerful social-video app. Congratulations! Here’s what’s next: *awful gurgling noises*
Yesterday evening, the Senate passed a bill—appended to a $95 billion foreign-aid package—that would compel ByteDance, TikTok’s parent company, to sell the app within about nine months or face a ban in the United States. President Joe Biden signed the bill this morning, initiating what is likely to be a rushed, chaotic, technologically and logistically complex legal process that is likely to please almost no one.
The government’s case against TikTok is vague. Broadly speaking, the concern from lawmakers —offered without definitive proof of any actual malfeasance—is that the Chinese government can use TikTok, an extremely popular broadcast and consumption platform for millions of Americans, to quietly and algorithmically promote propaganda, potentially meddling in our nation’s politics. According to the U.S. State Department, the Chinese government is set on using its influence to “reshape the global information environment” and has long manipulated information, intimidated critics, and used state-run media to try and bolster the Chinese Communist Party’s reputation abroad. Lawmakers have also cited privacy concerns, suggesting that TikTok could turn American user data over to the CCP—again without definitive proof that this has ever occurred.
The nuances of the government’s concerns matter, because TikTok is probably going to challenge this law based on the notion that forcing a sale or banning the app is a violation of the company’s First Amendment rights. The government will likely argue that, under Chinese ownership, the app presents a clear and present national-security threat and hope that the phrase acts as a cheat code to compel the courts without further evidence.
Nobody knows what is going to happen, and part of the reason why is because the entire process has been rushed—passed under the cover of a separate and far more pressing bill that includes humanitarian aid to Gaza, weapons aid for Israel, and money to assist the Ukrainian war effort.
