Restrictions on TikTok in the United States
The ban took effect after ByteDance, the China-based parent company of TikTok, refused to sell the service before the deadline of the Protecting Americans from Foreign Adversary Controlled Applications Act (PAFACA).
The bill was passed by Congress and signed into law by President Joe Biden, setting a deadline for the app to be banned unless a qualified divestment were made before then.
On January 20, the first day of his term, Trump signed an executive order that halted enforcement of the ban for a 75-day period while his administration pursues a potential sale of TikTok to American owners.
In December 2019, the United States Army and Navy banned TikTok on government devices after the Department of Defense labeled it a security risk.
[4] The White House said that, "The Biden Administration is committed to promoting an open, interoperable, reliable, and secure Internet; protecting human rights online and offline; and supporting a vibrant, global digital economy.
"[5] In December 2022, Senator Marco Rubio and representatives Mike Gallagher and Raja Krishnamoorthi introduced the Averting the National Threat of Internet Surveillance, Oppressive Censorship and Influence, and Algorithmic Learning by the Chinese Communist Party Act (ANTI-SOCIAL CCP Act), which would prohibit Chinese- and Russian-owned social networks from doing business in the United States.
[11] On March 7, Senator Mark Warner introduced the RESTRICT Act: if passed, it would give the Secretary of Commerce authority to review business transactions made by IT service and product vendors tied to designated "foreign adversaries" if they present an undue threat to national security, and have more than one million active users in the United States.
[50][51] On January 18, at approximately 10:30 p.m. EST, TikTok temporarily suspended its services in the United States after ByteDance refused to divest before the deadline of PAFACA.
Users were able to download their TikTok account data and sign in via the website, although all social functions, such as uploading, watching, commenting, or viewing profiles, were disabled.
Senator Tom Cotton praised this, warning that companies that help maintain or distribute TikTok "could face hundreds of billions of dollars of ruinous liability under the law".
[68] On January 25, negotiations were reported as being underway for a deal that would entail a takeover of TikTok's US operations by Oracle and American investors, addressing national security concerns, with a decision expected within 30 days.
[69] Near the start of February, U.S. Vice President JD Vance and National Security Advisor Michael Waltz were announced as being in charge of negotiating a potential TikTok sale.
[132] From 2019 to 2024, TikTok and ByteDance combined spent $27 million on lobbying in the United States, including their hire of SKDK, a public affairs firm, in 2023 according to Politico.
[133][134] Reuters reported that according to its sources, if all legal methods to block the April 2024 ban are exhausted, ByteDance would prefer to shut down TikTok than sell it with its core algorithm, which is also subject to China's export control.
[136][137] In March 2024, a spokesperson for Ministry of Foreign Affairs of the People's Republic of China said PAFACA was putting the U.S. on "the opposite side of the principle of fair competition and international economic and trade rules.
[139] The Central Propaganda Department of the Chinese Communist Party also instructed the country's state media outlets to increase positive coverage of ByteDance.
[143][144] Some researchers from the Citizen Lab and the Center for Strategic and International Studies stated that user information in general should be protected, not just focusing on one platform.
[144][145][146] Critics have also labeled a potential ban on the app an assault on freedom of speech, including Republican congressmen Rand Paul and Thomas Massie.
[149][150][151] There is insufficient public evidence to show that American user data has been accessed by or shared with the PRC government,[152][130][153] with some claims reportedly exaggerated.
[160] Analysis from Vox countered this argument, stating that support for the Palestinian cause has been growing among younger generations, who make up the majority of TikTok's users, even before the October 7 Hamas-led attack on Israel.
[161] Analysts argued that popular videos on the app in support of Palestinians or criticizing Israel were "likely an accurate reflection of the beliefs shared by the majority of users using the platform".
