Why Is The U.S. Mandating The Sale Or Ban Of TikTok Amid Security Concerns?

(CTN News) – The concerns regarding potential access to sensitive user data by the Chinese government through TikTok, owned by ByteDance, have led the U.S. government to pass legislation requiring the app’s sale to a government-approved buyer, or face a ban.

President Biden signed the legislation into law after approval by the U.S. Senate. The pressure on TikTok has heightened due to fears about China’s influence.

The root issue lies with China. Lawmakers and regulators in the West fear that TikTok and ByteDance could provide sensitive user data to the Chinese government.

They cite Chinese laws enabling secret data demands and worry about potential misinformation fueled by TikTok’s content recommendations, especially during sensitive times like the Israel-Hamas conflict and elections.

TikTok Bans in Various Countries:

• India: India imposed a nationwide ban on TikTok and other Chinese apps in 2020 over privacy and security concerns.
• United States: U.S. authorities have ordered government agencies to delete TikTok from federal devices and systems due to data security concerns.
• European Union: The European Parliament, European Commission, and EU Council have imposed bans on TikTok on staff devices.
• Other Countries: Countries like Afghanistan, Australia, Belgium, Canada, Denmark, France, Indonesia, Nepal, New Zealand, Norway, Pakistan, Somalia, Taiwan, and the United Kingdom have also implemented bans or restrictions on TikTok for various reasons.

Mechanics and Implications of the TikTok Ban

The ban on TikTok will primarily target app stores like those run by Apple and Google. If these stores distribute or update TikTok, they could face civil penalties from the federal government. Additionally, internet hosting companies will be prohibited from assisting in distributing or maintaining TikTok.

The effort to compel a TikTok sale has sparked speculation about potential buyers, such as a group of investors organized by former Treasury Secretary Steven Mnuchin, large American corporations, or a coalition of private equity firms.

However, the approach of “sell or be banned” has raised concerns among digital rights advocates.

They worry that the United States might be undermining its role in promoting an open and free internet not subject to individual countries’ control.

Timeline and Legal Considerations of the TikTok Ban

TikTok will remain accessible in the U.S. for the time being. However, the implementation of the ban is poised to encounter legal hurdles. The Chinese government may also attempt to obstruct the sale or export of the technology, potentially prolonging resolution for months or even years.

Existing TikTok bans have primarily been enacted by governments and universities with authority over the devices or networks they manage.

A broader ban imposed by the government that prevents Americans from using the app could face legal challenges based on First Amendment rights.

Given TikTok’s widespread usage by Americans, including politicians and major news outlets, as a platform for sharing diverse content, including political discourse, experts suggest that justifying such a ban would be difficult.

Regarding the removal of TikTok from personal devices, immediate action is unlikely. Legal challenges could delay the ban’s enforcement if the app remains unsold.

The precise method for banning an app from privately owned devices remains ambiguous.

Montana’s attempt to ban TikTok involved fines for both the company and app stores if residents downloaded or utilized the app. Similar legislative proposals at the congressional level have been suggested.

Companies like Apple, responsible for operating app stores, possess the capability to block downloads of non-functional apps and those containing inappropriate or illegal content. While they can technically remove installed apps from users’ devices, such action is uncommon.

Biden’s Support for TikTok Legislation

The Biden administration has backed legislation calling for the sale of TikTok, despite the president’s campaign utilizing the platform.

TikTok’s Chinese owner, ByteDance, has been engaged in confidential discussions with the Committee on Foreign Investment in the United States (CFIUS) for years to address concerns regarding its ties to the Chinese government and data handling practices.

In 2022, TikTok submitted a comprehensive 90-page proposal outlining its plans for operation in the U.S. while addressing national security concerns.

However, despite these efforts, President Biden’s re-election campaign launched on TikTok during the Super Bowl, featuring a light-hearted video of Biden dodging questions, aimed at engaging young voters.

At the local level, over 30 states and New York City have prohibited TikTok on government-issued devices, with many colleges blocking it from campus Wi-Fi networks.

In a landmark move in May 2023, Montana Governor Greg Gianforte signed a bill banning TikTok’s operation within the state

TikTok challenged the legislation, arguing First Amendment violations, leading to a federal judge granting a preliminary injunction in late November, halting the law’s enforcement.

TikTok’s Response to Bans and Privacy Concerns

TikTok has characterized the bans as “political theater” and criticized lawmakers for what it perceives as attempts to censor Americans. In March, the company encouraged users through a pop-up message to contact lawmakers to oppose a TikTok ban, leading to an influx of calls to Capitol Hill offices.

Additionally, TikTok has embarked on a lobbying effort to advocate for the plan it submitted to the government to address national security concerns.

To safeguard your data while using TikTok, you can implement standard privacy practices similar to those employed on other social media platforms. This includes refraining from granting apps permission to access your location or contacts.

Furthermore, you have the option to watch TikTok videos without creating an account.

SEE ALSO: ByteDance Asserts It Won’t Sell TikTok Despite US Pressure: What’s Next?