The Legislative Process Behind the US TikTok Ban

We all know the country-wide crisis that was the TikTok ban, but do we understand why it happened in the first place?

Introduction

TikTok, while it appears to be a mere social media platform, has led to wide controversy in several countries. Over the past years, countries such as Hong Kong and India have either permanently banned the platform from use, or have heavily restricted it like Canada, Belgium, and Australia (the use of the application on government devices). However, the most widespread controversy surrounding this platform is the TikTok ban in the United States, one of the most debated legislative moves in recent years. While its known use for entertainment and business is undeniable, national security and data privacy concerns have driven the US government to enact measures restricting its operation.

The Legal Concerns

The legislative scrutiny of TikTok stems from concerns about its Chinese-owned parent company, ByteDance. US lawmakers argue that TikTok’s data collection practices pose a national security risk, potentially allowing the Chinese government access to sensitive user information. Additionally, allegations of content manipulation and algorithmic bias have heightened regulatory scrutiny, raising questions about the platform's broader influence on political discourse and public opinion. Fears of China’s communist ideology have been noticed by US lawmakers, namely, Senator Tom Cotton, which can be credited as the reason for this regulatory measure.

The Legal Framework Governing These Concerns

The International Emergency Economic Powers Act (IEEPA): allows the President to regulate commerce in response to foreign threats. The Protecting Americans from Foreign Adversary Controlled Applications Act (PAFACA): a bipartisan bill explicitly targeting TikTok’s ownership structure under “foreign adversary-controlled applications”.

The No TikTok on Government Devices Act: this was signed into law in December 2022, prohibiting TikTok’s use on federally issued devices.

The Legislative Process

The legislative process formally began through the introduction of multiple bills aimed at restricting TikTok. Senator Marco Rubio and Representatives Mike Gallagher and Raja Krishnamoorthi sponsored the ANTI-SOCIAL CCP Act in 2022, laying the groundwork for future legislation. Concerns over digital sovereignty and data localisation policies played a significant role in shaping legislative intent.

Congressional committees held hearings, calling on TikTok’s CEO, Shou Zi Chew, to testify about data security and content moderation. Lawmakers scrutinized the company’s assurances regarding data protection, particularly considering China’s National Intelligence Law, which could compel ByteDance to cooperate with Chinese authorities.

The Protecting Americans from Foreign Adversary Controlled Applications Act passed the House of Representatives on March 13, 2024, and the Senate on April 23, 2024, with bipartisan support. The debate highlighted divisions over balancing economic innovation with national security concerns.

President Biden signed the bill into law on April 24, 2024, officially setting the conditions for TikTok’s divestment or ban. The executive branch's involvement underscores the broader geopolitical tensions between the US and China in the digital economy.

TikTok filed a lawsuit challenging the ban, arguing that it violated the First Amendment and the Takings Clause of the Fifth Amendment. The case also raised concerns about selective enforcement, as other social media platforms with similar data policies remained unaffected. Despite these legal efforts, the ban was upheld by the US Supreme Court in TikTok, Inc. v. Garland on January 17, 2025.

TikTok “went dark” soon after. However, this was short-lived as the platform remained banned for under 24 hours. Upon taking office on January 20, 2025, President Trump delayed the ban’s enforcement by 75 days, providing a new deadline of April 2025. It is unclear what is to become of the platform as a chance remains that President Trump will choose to revoke or ignore the regulation.

The Impact of the [Pending] Ban

The law required ByteDance to divest TikTok within a set timeframe or face a ban. Several implications can be derived from this, including:

• Foreign-owned digital platforms, prompting discussions on data governance frameworks and cross-border data flow restrictions.

• Political Fallout: The decision remains contested, with concerns over free speech, the extraterritorial reach of US regulations, and trade relations between the US and China.

• Market Effects: The forced sale or shutdown of TikTok may impact content creators and businesses reliant on the platform for revenue. The ruling has also intensified discussions on competition law, with critics arguing that removing TikTok benefits domestic competitors disproportionately.

Conclusion

The legislative process behind the US TikTok ban highlights the interplay between national security and economic interests. While proponents argue that the law safeguards user data and mitigates foreign influence, critics view it as government overreach with potential implications for digital freedoms. We are waiting and watching to see what happens with only 44 days to go till the next deadline for TikTok to either comply with the legislature or ‘leave’.

References and Further Reading

"Elon Musk businesses at a glance" (TechTarget)

"How Italy’s anti-mafia mayor took on the mob" (BBC)

"'No, senator, I’m a Singaporean': TikTok CEO Chew Shou Zi grilled by US lawmakers on Chinese links" (The Straits Times)

"Why a Trump conviction wouldn’t necessarily end his White House bid" (BBC)