A big, bold ban on TikTok

It has become fashionable to lament that the United States government no longer does big, bold things. But shutting down TikTok — the social media platform used by nearly half of Americans — would certainly be a big, bold act.

This outcome became more likely yesterday, even if it is not at all certain. supreme court Unanimously supported A bill passed by Congress last year would force ByteDance, the Chinese company that owns TikTok, to sell it. If ByteDance refuses, as Chinese officials have insisted so far, the app will not be available for download or updates in the US as early as tomorrow.

The potential shutdown of a major media platform like TikTok has little precedent. It would create inconvenience and costs for millions of Americans. Many will have to change their daily habits, and some will lose job opportunities.

However, allowing a Chinese company – and by extension the Chinese government – ​​to take control of a US telecommunications platform and vast amounts of Americans’ personal data also has significant downsides. Congress and the Supreme Court have decided that the risks are high enough to justify a filibuster. It’s a sign The intensity of competition between the United States and China For global influence.

Bipartisan concerns

The boldness and partisan nature of the TikTok law would not have seemed unusual decades ago. The history of the United States is full of ambitious projects that were justified, at least in part, by confronting foreign adversaries, including the space program, the interstate highway system, investment in post-Sputnik scientific research, and industrial mobilization during World War II.

Obviously, forcing a sale of TikTok, or shutting it down, does not come close to the scale of those projects. However, it is far-reaching in its own way. It’s a change big enough that many Americans found it hard to believe the federal government would go through with it. It is about to happen because a wide range of policymakers have decided that the alternative is unacceptable.

During oral arguments at the Supreme Court last week, Justice Brett Kavanaugh, a Republican appointee, spoke of the possibility that China could use TikTok’s vast data set to “divert and blackmail people, people who, a generation from now, will be vulnerable.” Work for the FBI, CIA, or State Department. Judge Ketanji Brown Jackson, a Democratic appointee, also expressed concern loudly about the potential for espionage. “This is about data control,” said Justice Sonia Sotomayor, a Democratic appointee.

TikTok claims that the Chinese government is unlikely to force the company to hand over sensitive information, such as users’ contacts. But this claim appears inconsistent with recent history, as the justices noted in their ruling. The ruling noted that China “has made extensive and sustained efforts for years to compile structured data sets, particularly on American persons, to support its intelligence and counterintelligence operations.”

The vote in Congress also demonstrated deep bipartisan concern. The bill was approved by 360-58 votes in the House and 78-18 votes in the Senate. In addition to data security, members of Congress have expressed concern that China may use TikTok to spread disinformation and propaganda. Independent research I found it The platform appears to already be doing this, making it difficult to find videos sympathetic to Taiwan, Tibet, Ukraine and other issues that the Chinese Communist Party is hostile to.

What’s next

The biggest question now is what the next Trump administration will do. When he was president before, Donald Trump helped start a crackdown on TikTok, calling it a national security risk. He has since He changed his attitude For reasons that are still unclear. A TikTok investor and a Republican donor appear to have pressured Trump shortly before he came out against the ban. He is also popular on the app.

The Biden administration said yesterday that it would not implement the ban in the short period – 36 hours – after it took effect and before Trump took office. It is said that Trump Consider an executive order To delay the ban while his management tries to help negotiate the sale to a non-Chinese owner. The Chinese government, for its part, insists that it will not allow ByteDance to sell TikTok. Beijing clearly sees TikTok as very valuable.

The range of outcomes over the next few weeks remains wide – including a lockout, sale, or some version of the status quo combined with an ongoing legal battle.

Enter the decision: To understand the Supreme Court’s reasoning, I recommend Adam Liptak’s article.

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