TikTok ban explained: everything you need to know

TikTok is once again in the crosshairs when it comes to its ability to operate in the US, and that’s bad news for ByteDance, the Chinese company that owns the popular social media app.

The US House of Representatives overwhelmingly passed a bill that would prevent the use of TikTok in the United States unless Chinese owner ByteDance sells its stake in the platform. This came after a recommendation in 2023 from the Committee on Foreign Investment in the United States (CFIUS), which is a federal working group that oversees cross-border investments and their potential national security risks.

TikTok is used to criticism by now. In 2022, the FCC commissioner demanded that Apple and Google delete the TikTok app from their respective app stores.

So now that the ban has been supported by the House, it will move to the US Senate, where its fate is uncertain. However, President Biden has indicated that he would be willing to sign the bill if Congress approves it. How this would affect TikTok users, both in the US and elsewhere, and how likely the ban is to succeed are the two most important considerations, but there are a few others worth considering as well. We’ve compiled a list of the most pressing questions about a potential TikTok ban along with their answers below.

Why is TikTok proposed to be banned?

The main problem, at least according to US lawmakers and regulators, is a combination of national security and consumer privacy concerns.

These concerns are not unfounded, even if a fire sale or outright ban could be considered an overreach. In June 2022, a Buzzfeed report found that TikTok’s parent company, ByteDance, potentially misled US officials about its handling of US users’ data.

This data was supposed to be managed by a US-based security team, but further investigation showed that Chinese engineers were controlling access to the data and that the Chinese government could access this data.

At the time, TikTok claimed these findings were misleading, but the concerns have not gone away.

Beyond this, there are also concerns that the Chinese government could use TikTok as a propaganda tool to influence American users. While this is not a problem unique to China or TikTok, the potentially high level of control over TikTok that the Chinese government supposedly has is why US officials are especially concerned.

What is TikTok being asked to do?

The House bill is called the Foreign Adversary Controlled Solicitations Protection Act. The bill specifically mentions TikTok, but it actually has a broader scope than just that particular app. In fact, the bill would prohibit any application that the government considers controlled by a “foreign adversary.”

If passed, the ban would take effect 165 days after the bill becomes law. He claims that any ban can be avoided if the government that controls the app pests itself before then.

In all likelihood, that means ByteDance would need to sell TikTok to a US operator to continue its operations in the country.

To “ban” an app, the bill requires any app store operator, including Apple and Google, to remove the offending app from their marketplaces by day 165.

What are the chances of TikTok being banned in the United States?

The chances of a TikTok ban are not overwhelming, although they are currently stronger than ever. This is not the first time a sale or ban has been proposed, as the Trump administration had previously threatened a ban via executive order if the app was not sold. The Biden administration eventually rescinded this order, but it now appears that similar action could be back on the table, most likely due to increased political support for such a move.

There is a precedent for forced sales. In 2020, the Chinese company Beijing Kunlun Tech Co Ltd was forced to sell his stake in the popular gay dating app Grindr, after purchasing a majority stake in the app in 2016. This sale was forced on the recommendation of CFIUS, so there is even precedent for this exact path to forcing a sale.

However, any such sale or ban would almost certainly face a legal battle, meaning the US court system could ultimately determine what happens in the end. TikTok previously fought the Trump administration’s attempts to force a sale by ByteDance, and the American Civil Liberties Union also protested the bill on First Amendment grounds. Therefore, even if a ban is enacted, it may be put on hold while the legal battle plays out.

What has been the response from TikTok?

TikTok’s approach has long been to deny allegations in favor of a ban, as well as attempt to offer alternative solutions.

In response to the House vote, TikTok said it was a mistake that could harm the U.S. economy.

“This process was secret and the bill was blocked for a reason: it is a ban based on zero evidence,” TikTok’s statement read. “We are hopeful that the Senate will consider the facts, listen to its constituents and realize the impact on the economy, 7 million small businesses and the 170 million Americans who use our service.”

TikTok previously used its own app to complain about the ban, prompting some American users to contact their lawmakers with their complaints. t

At a Harvard Business Review conference last year (h/t cnn), TikTok CEO Shou Chew insisted on reiterating the company’s position.

“The Chinese government has actually never asked us for data from American users,” Chew said. “And we have said this officially, that even if we were [sic] asked for that, we will not provide it.”

Chew added that “all US user data is stored, by default, in the Oracle Cloud infrastructure” and “access to that data is completely controlled by US personnel.”

In reality, the Chinese government has never asked us for US user data, and we have said this on the record, that even if we were [sic] requested that, we will not provide it to you.

There’s also Project Texas, a plan proposed by TikTok to calm America’s concerns. This plan would include verification of TikTok’s code by US personnel and the establishment of a domestic TikTok subsidiary with a separate board of directors that is vetted by the US government.

While complicated, TikTok’s repeated stance is that such measures are the only way to ensure the security of American users’ data and that a forced sale would not alleviate national security concerns. TikTok has also stated that due to the global nature of the app, “misinformation and propaganda have no place on our platform, and our users don’t expect that.”

What TikTok bans already exist in the US?

The Biden administration has already passed legislation banning TikTok on government devices. More than half of U.S. state governments have also enacted similar bans, including Maryland, South Carolina and South Dakota. However, there is currently no ban on US users outside of these bans on using TikTok on government devices and networks.

What other countries have already banned TikTok?

The number of countries that have banned TikTok in some form is a fluid list, as new bans have been enacted in recent weeks. But for the most part, many countries (including the US, UK, Canada, and New Zealand) have only banned apps on government devices, government networks, and/or government employees’ personal devices.

The only exception? India, which banned the app in 2020 following a violent border clash between India and China. That ban immediately took TikTok offline for more than 200 million Indian users. This ban could represent a worst-case scenario for TikTok fans, but it is not necessarily the way US officials would enact a potential ban.

How long will the TikTok ban apply?

The length of a TikTok ban would depend entirely on the final legislation or executive order, but the expectation would be that if TikTok is ultimately banned, any ban would be in place until ByteDance sells its stake in the social media app.

Is there public support for banning TikTok?

if a Pew Research Center As the poll can believe, public sentiment may be in favor of a TikTok ban, although the numbers involved make it difficult to say.

TikTok has 170 million users in the United States (almost half of the country) and many people believe that a ban would violate freedom of expression.

But according to the survey results, those in favor of banning TikTok tend to be older, know that TikTok is owned by a Chinese company, and, most importantly, do not use the app. When it comes to those who use the app, unsurprisingly, the majority of respondents were against the TikTok ban, although 19% were still in favor.

What a TikTok ban could mean for you

Ultimately, a TikTok ban would mean that American users will no longer be able to use or register an account on TikTok. While a VPN for TikTok could theoretically be used to get around these restrictions, the reality would likely be more complicated and there is no guarantee that a potential workaround will be feasible or legal.

By contrast, a sale by ByteDance could have implications from temporary usage restrictions to no effect. The way apps the size of TikTok handle data can be incredibly complex, and there’s no guarantee that an ownership transfer will be perfect. But the best case scenario for a sale would be that the app simply becomes overseen by American owners and nothing changes for the average user.

Finally, as long as ByteDance remains in charge of TikTok, users should be careful. Although the company claims to be private, there is a tacit understanding that Chinese companies are always under the supervision of the Chinese government. While TikTok says no Chinese official has ever requested access to American users’ data, in theory it would be legal for the Chinese Communist Party to do so.

This doesn’t mean you should delete the app immediately; It just means you have to be careful when using it.

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