Why is the US government attempting to outlaw TikTok or make Bytedance sell its shares?

On Tuesday, TikTok and its owner Bytedance filed a lawsuit to overturn a regulation that would have given the short-video app’s Chinese parent company a year to sell off its US assets or risk a statewide ban.

Check out the attempt to outlaw the app here.

Director of National Intelligence Avril Haines told a House of Representatives intelligence committee hearing in March that US authorities believe Beijing may use TikTok’s social media app to influence the US elections in 2024 and warned the company’s management is under the control of the Chinese government.

TikTok is accused of posing a national security concern by numerous US senators from both the Democratic and Republican parties, as well as the Biden administration, due to China’s potential to force the firm to provide the data of its 170 million monthly users.

The Department of Justice recently informed legislators that foreign governments such as China’s “are known for their surveillance and censorship,” putting American users of TikTok at danger because ByteDance is headquartered in Beijing.

In the lawsuit, TikTok has accused US lawmakers of raising “speculative” worries and denies ever sharing user data from US citizens.

What is meant by the law?

The measure is a part of a sequence of actions in response to national security concerns, and comes during an election year when many politicians do not want to be perceived as soft on China. Concerns regarding TikTok have been brought up by officials from both political parties, along with other matters such as advanced artificial intelligence chips, linked cars, and cranes at US ports.

However, a large number of younger voters are against the ban since they use the app to monitor politics and voice their opinions. In order to engage younger voters in advance of the presidential elections in November, President Joe Biden’s reelection team partnered with TikTok earlier this year.

Who voted in favour of divest or ban law?

With strong bipartisan support, the bill passed the House 360-58 as part of a $95 billion legislative package that includes gives Taiwan, Israel, and Ukraine security assistance.

A few days later, US President Joe Biden signed the Act into law after it had been approved by the Senate.

The TikTok measure is a result of legislation that was submitted on March 5 by Representative Raja Krishnamoorthi, the top Democrat on the committee, along with more than a dozen other politicians, and Republican Congressman Mike Gallagher, who resigned in April.

Democratic Representative Ro Khanna is one of the critics. He has stated that he believes a TikTok ban may not withstand legal scrutiny in courts, noting the rights for free expression found in the Constitution.

Several well-known Democrats in the House, including as Alexandria Ocasio-Cortez, Cori Bush, and Pramila Jayapal, voted against the bill.

“There are serious antitrust and privacy questions here, and any national security concerns should be laid out to the public prior to a vote,” Ocasio-Cortez stated at the time.

How would a ban be enforced?

ByteDance, the Chinese owner of TikTok, has nine months under the law to sell the short-video app’s US assets. If the president thinks there is a chance of a sale, the deadline can be extended by three months.

It’s uncertain if TikTok could sell its US assets by the deadline or if China would approve any transfer.

In the event that ByteDance was unable to fulfill this obligation, TikTok and web hosting services for ByteDance-controlled applications could not be lawfully offered in app stores run by Apple, Alphabet’s Google, and others.

The ban should theoretically make it harder for consumers to access TikTok in the US, if not impossible.

Is TikTok banned in other countries?

In June 2020, TikTok and many other applications created by Chinese developers were banned by India on the grounds that they would jeopardize the integrity and security of the country. November 2023 saw the app’s suspension by the Nepali government.

TikTok is not allowed on federally owned equipment in the US, Australia, Canada, or New Zealand, among other nations.