Law Office of Dathan Hill - October 2024

Battle for Survival TIKTOK IS CHALLENGING THE BAN

The clock is ticking for TikTok, the world’s most popular social media app, as it faces a federal ultimatum: Either the Chinese parent company, ByteDance, sells its stake in the company, or TikTok will be removed from U.S. app stores by Jan. 19, 2025. It is difficult to fathom that an app downloaded tens of millions of times and receiving over $100 million in revenue every month may leave the American market at the start of next year. But this is just the U.S. government’s latest step since TikTok first arrived on the scene. The TikTok Saga Douyin, the predecessor to TikTok, started in China in 2016. In 2017, it merged with Musical.ly, an app for posting lip-syncing videos; at one point, it topped the charts on the Apple App Store and soon rose to global stardom. Then, the app got a new name, TikTok, and a revolutionary algorithm. The algorithm influenced users to binge-watch content and presented videos from various genres and topics to keep them hooked. While gaining popularity stateside, it drew no small amount of scrutiny from government watchdogs and federal agencies. In September 2019, the Washington Post reported that images of democratic protests in Hong Kong were being suppressed, while posts with the #trump2020 tag received millions of views. TikTok denied political favoritism and alleged their app was a neutral platform. Despite TikTok’s reassurance, the Pentagon recommended all U.S. military personnel delete the app from their phones, regardless of whether it was for personal or government work. In January 2020, the Pentagon banned the app entirely on all military phones.

“On its website, TikTok describes the moves it has made to improve data security and privacy. Still, none of these measures have persuaded the federal government of their benign intentions.”

In May 2020, privacy groups began to raise concerns that TikTok posed a threat to children. Just two months later, India banned TikTok following a military clash at their disputed border with China. Despite these hiccups, TikTok claimed to have over a billion monthly users by September 2021. Further problems with the app materialized in 2022 when viral hoaxes and harmful content promoting eating disorders caused outrage nationwide. In December 2022, the FBI warned that the Chinese government could use the app to influence American citizens. In 2024, Congress drafted legislation to ban the app and force ByteDance to sell TikTok officially. The Future of TikTok President Biden signed H.R. 815 into law on April 24, 2024, which contains a provision that “prohibits distributing, maintaining, updating, or providing internet hosting services for a foreign adversary controlled application (e.g., TikTok).” That is strong language and indicates the government is not likely to back down from its demands. Despite this, TikTok has challenged the law, arguing the ban is unconstitutional. More than a dozen social and racial justice groups recently supported TikTok’s cause. On its website, TikTok describes the moves it has made to improve data security and privacy. Still, none of these measures have persuaded the federal government of their benign intentions. In June 2024, in response to the ban being signed into law, TikTok released a letter alleging that the Biden administration had negotiated with the company using “political demagoguery,” or, in other words, in favor of appealing to voters rather than finding an equitable solution. Their case is headed to the U.S. Court of Appeals later this year.

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