TikTok Ban Looms: What Does It Mean?
The ban, which would take effect January 19, requires Chinese-owned ByteDance to sell TikTok or face removal from app stores.
WASHINGTON, Jan 16, 2024 — With TikTok's potential ban in the United States just days away, experts remain divided on both the merits of the legislation and the likelihood of last-minute intervention, according to a panel discussion hosted by Broadband Breakfast on Wednesday.
The ban, which would take effect January 19, requires Chinese-owned ByteDance to sell TikTok or face removal from U.S. app stores. The Supreme Court is expected to rule on TikTok's request for an emergency stay before the deadline.
Incoming President Donald Trump's position on the ban has emerged as a critical factor, particularly as he prepares to retake office. His position on TikTok has done a significant reversal - after trying to ban the app in 2020 over national security worries, he's now asking the Supreme Court to pump the brakes on current efforts to ban it.
Anton Dahbura
Adam Kovacevich, founder and CEO of the Chamber of Progress, described Trump as "transactional" in his approach to TikTok.
“He flip-flopped when one of his significant bundlers, Jeff Yass of Susquehanna Investments, who's a major U.S. investor in TikTok, made investments in his campaign," Kovacevich said. He noted that TikTok's CEO recently visited Mar-a-Lago to highlight Trump's campaign content performance on the platform.
Security concerns remain central to the debate. Dr. Tony Dahbura, executive director of the Johns Hopkins University Information Security Institute, supported the ban, citing China's data collection practices.
"The Chinese government exerts influence, if not outright control, over ByteDance," Dahbura said. "TikTok collects a lot of data about Americans, including geolocation data, web browser history, and other personal data."
Kovacevich supported this view, describing TikTok as a tool for Chinese state influence. “If TikTok was some harmless video app, the Chinese government would have allowed its sale,” he argued. He dismissed concerns about free speech, emphasizing that creators would shift to alternative platforms like Instagram or YouTube.
However, Karim Farhat, assistant director of the Internet Governance Project questioned the security justification, suggesting the ban could harm U.S. interests abroad.
"This is not a conversation about whether the CCP is watching our dance moves," Farhat argued. "This is a conversation about U.S.-China competition and how we should be conducting that... Our tech companies are going to be hit abroad if we go through with this ban."
Farhat also pointed out that TikTok has already taken substantial steps to address U.S. security concerns through Project Texas, a $1.5 billion initiative to localize U.S. user data via Oracle. “All U.S. user data is stored by default with Oracle,” he explained, noting that the project aimed to placate regulators but was ultimately dismissed by the government.
The potential sale of TikTok would also face significant hurdles, with an estimated price tag ranging from $100 billion to $300 billion, said Nora Benavidez, senior counsel at Free Press. Who could afford such a purchase and whether the platform would maintain its current form under new ownership remained vital questions, she added.
"When we look at an example like Twitter of a new buyer coming in and changing the platform," she said, "the ultimate question is will Americans, content creators who are using TikTok for their livelihood, have the same kind of access to information?"
However, Benavidez suggested the app might remain functional for a brief period after the deadline.
"Users may go on using TikTok after the 19th until it essentially becomes clunky and then eventually unusable because there won't be updates to the app," Benavidez said. She also noted that TikTok has reportedly told employees it would be "business as usual" after January 19.
The focus on TikTok's ownership risks overshadowing a more systemic issue: invasive data extraction prevalent across the tech industry. “Singling out TikTok overlooks the broader problem of data collection practices that we see across platforms and mobile apps,” she added.
The Supreme Court's decision, expected within days, could either uphold the ban, temporarily block it, or potentially send the case back for further review. The outcome will likely shape not only TikTok's future in the U.S. but also set precedents for international technology regulation and digital sovereignty.
