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TikTok Ban: A Timeline of Legal Challenges and What’s Next
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The popular video-sharing app TikTok faces a potential ban in the United states due to national security concerns. This article details the legal battles, the key arguments, and the possible outcomes for the app and its 170 million American users.
The Origins of the Controversy
Concerns about TikTok’s security began to surface in 2020, during the Trump administration. the core issue revolves around TikTok’s parent company, ByteDance, being based in China and subject to Chinese laws that could compel it to share user data with the Chinese government (Council on Foreign Relations, February 2024).These concerns were amplified by the potential for the app to be used to spread propaganda or influence public opinion.
In August 2020, than-President Donald Trump issued Executive Orders aiming to prohibit transactions with ByteDance and WeChat, citing national security risks (White House Archives, August 6, 2020). These orders were challenged in court, and preliminary injunctions were granted, blocking their implementation.
The Legal Battles: From Trump to Biden
the legal challenges to the Trump administration’s executive orders were consolidated and heard in the U.S. District Court for the District of Columbia. The courts ultimately blocked the bans, finding that the administration had not adequately demonstrated a legitimate national security threat or followed proper administrative procedures (Reuters, December 7, 2020).
The Biden administration initially paused the legal challenges, but in June 2023, it reached a national security agreement with TikTok that aimed to address the concerns through data security measures and independent monitoring. However, this agreement ultimately proved insufficient.
The New Law and the Divestiture Deadline
On April 24, 2024, President Biden signed into law a bill that gives ByteDance nine months to divest its ownership of TikTok, or the app will be banned in the United States (NBC News, April 24, 2024).This law, officially titled “Protecting Americans from Foreign Adversary Controlled Applications Act,” is substantially different from the previous executive orders, as it passed through Congress and has the force of law.
the law doesn’t promptly ban TikTok. It focuses on forcing ByteDance to sell TikTok to a non-adversarial company. If ByteDance fails to do so within the nine-month timeframe, app stores (like Apple’s App Store and Google Play) and web hosting services will be prohibited from supporting TikTok.
