TikTok is almost certain of a forced sale. The US Senate also voted broadly in favor of the plans. Now only the approval of President Biden, who has already agreed to sign, awaits. The alternative to the sale is a total ban on TikTok in the US.
The TikTok ban that Donald Trump once peddled for a while has suddenly become a priority in American politics again in recent months. And how, because rarely have the bickering Democrats and Republicans found each other so united on a subject. The Senate has now approved a forced sale of TikTok and President Biden’s promised signature is only a formality.
Once Biden signs, China’s ByteDance will have a 270-day deadline to find a buyer. That could be another three months if a buyer is in sight, but after that that’s it: without a non-Chinese owner, TikTok will be banned in the US in about a year. Striking, because as mentioned, such unanimous decisions are rare in American politics. Previously, a call from TikTok to American politicians had the opposite effect: they were shocked by the extent to which TikTok can mobilize users.
Politicians: ‘We know more than we can say’
Although ByteDance is Chinese, TikTok itself is based in Singapore. And yet American politics fears Chinese interference with the app that is now used by half of all Americans, on average for several hours a day. Yet a ban would go far, according to TikTok’s mainly young users. Democratic Senator Mark Warner understands the concerns of young people, but states that a ban is not simply threatened.
“The truth is that ultimately these Chinese companies are not loyal to their customers or their shareholders, they are most loyal to the government of the People’s Republic of China,” Warner said. “I want to make it clear to all Americans that this is not an attempt to silence you. Many Americans, especially young people, are right to be skeptical. But ultimately, they did not see what Congress saw. They were not at the confidential briefings that the Congress has had, which elaborated on the threat of foreign control of TikTok.”
What is American politics shocked about?
Apparently, American politicians are almost unanimously shocked by those briefings. It remains a guess what was so scary, but it could have to do with steering public opinion. While American politics can still hold its domestic (social) media accountable and direct it to some extent, TikTok is beyond their control. With upcoming elections and raging wars, the US government may want to tighten those reins a bit. But whether that is reason enough for Democrats and Republicans to come closer to each other is highly questionable. This means that the precise reason for the ban/sale remains unclear.
Democrat Warner meanwhile admits that the measure is skewed compared to regulations for other tech companies. Because while the EU is making it increasingly difficult for tech companies to compete unfairly and disadvantage customers, American tech companies are largely free in their home country. “They see Congress’s failure to pass substantive consumer protections around big tech and may cynically view this as a distraction, or worse, a concession to American social media.”
Ban has a chance of success
One of the reasons that Biden is in such a hurry to sign the measure is that it is part of the billions in US aid to Ukraine. Biden wants to sign this as soon as possible, and that is how it often works in American politics. Then all kinds of laws are scraped together and it only gets passed if the other is also approved.
TikTok intends to challenge the new law in court. Experts believe the chances of success are high, because the US can claim rules regarding national security. And if that is threatened, a lot is often possible in the US.
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