The permanence of TikTok in the United States it is becoming increasingly uncertain. A recent ruling by the Federal Court of Appeal has placed a ultimatum to the future of the most popular application among young Americans. The decision could lead to its removal from the US market for reasons of national security. TikTok, owned by the Chinese giant ByteDancemust choose between selling its business in the United States or risking a ban.
Ruling against TikTok: question of national security
The Federal Court of Appeals has given its verdict, ruling that the United States Congress has the power to take action against TikTok to protect national interests. In other words, the United States could ban TikTok on their territory, obliging ByteDance to hand over the platform to an American company if it wishes to continue operating in the United States. The ruling confirms an already existing law desired by Biden, which requires the divestment of Chinese ownership of the platform.
According to lawmakers, data collected on TikTok could be used for surveillance purposes by the Chinese government. The court rejected the defense of ByteDancewhich argued that the ban violated the First Amendment guaranteeing free speech. Justice Douglas Ginsburg stated that free expression is protected, but that in this case the U.S. government acted to protect that same freedom from an adversary foreign nation.
There “sell or banish” lawsigned by the president Joe Biden as of April 2023, it had bipartisan support from lawmakers, which they received briefing reserved by the services of intelligence Americans on the risks associated with the use of TikTok as a surveillance tool and the possible spread of propaganda.
What are the effects of Trump’s election?
The TikTok affair is not limited to legal aspects, but is intertwined with the internal politics of the United States, in particular with the presidential elections. The future of TikTok could in fact be decided by the new administration, and the feeling is that the fate of the platform depends on what Donald Trump, who will return to the White House in January, does.
The adoption of measures against TikTok is part of a broader one technological war between the United States and China. The platform now has more than 170 million users in the United States and continues to grow, with 17% of American adults regularly getting news via the app. This has led some to raise concerns that removing TikTok could be harmful to the millions of users who use it daily, including for work. A problem similar to that raised by the limits proposed in Europe.