It has become commonplace to lament that the American government is no longer doing big and smart things. But blocking TikTok — the social media platform used by nearly half of Americans — would certainly have to be big and bold.
That result was more likely to happen yesterday, even if it is far from confirmed. The Supreme Court unanimously upheld a bill passed by Congress last year that would have forced ByteDance, the Chinese company that owns TikTok, to sell it. If ByteDance refuses, as Chinese officials have so far insisted, the app will no longer be available for download or update in the US by early morning.
The possible ban of a large media platform like TikTok has little precedent. It would cause inconvenience and cost to millions of Americans. Many will have to change their daily habits, and some will lose business opportunities.
Yet allowing a Chinese company — and, by extension, the Chinese government — to control US social media and vast amounts of Americans’ personal data also has serious problems. Congress and the Supreme Court have determined that the risk is great enough to justify the interference. It is a sign of the intensifying US-China competition for global influence.
Bipartisan concerns
Both the boldness of TikTok’s legislation and its bipartisan nature would not have seemed unusual decades ago. US history is littered with ambitious projects that had at least some reason to confront foreign adversaries, including the space program, the Interstate Highway System, post-Sputnik investment in scientific research, and industrialization during World War II.
Forcing the sale of TikTok, or shutting it down, is clearly nowhere near the scale of those projects. Still, it goes a long way in its own way. It’s a big enough change that many Americans find it hard to believe that the federal government will deal with it. And it is about to happen because a number of policy makers have decided that the alternative is unacceptable.
During oral arguments at the Supreme Court last week, Justice Brett Kavanaugh, a Republican nominee, spoke about the possibility that China could use the extensive data collection of TikTok “to change people, to criticize people, people, a generation from now, who will be part of their conversations. work for the FBI or the CIA or at the State Department.” Justice Ketanji Brown Jackson, a Democratic nominee, is also vocally concerned about potential spies. Justice Sonya Sotomayor, another Democratic nominee, said, “It’s about data control.”
TikTok says the Chinese government is unlikely to force the company to hand over sensitive information, such as user communications. But that claim seems to contradict recent history, as the judges noted in their decision. China has “engaged in extensive and multi-year efforts to collect structured datasets, particularly on US citizens, to support its intelligence and counterintelligence activities,” the ruling said.
The vote in Congress also reflected deep, twofold concerns. The bill passed 360 to 58 in the House and 78 to 18 in the Senate. In addition to data security, members of Congress are concerned that China will use TikTok to spread disinformation and propaganda. An independent study found that the platform already does so, making it difficult to find videos sympathetic to Taiwan, Tibet, Ukraine and other causes the Chinese Communist Party hates.
What’s next
The big question now is what the incoming Trump administration will do. During his previous presidency, Donald Trump helped initiate the crackdown on TikTok, calling it a national security risk. He changed his position for reasons that are not yet clear. The TikTok investor and Republican donor apparently lobbied Trump just before he went unbanned. He is also enjoying his popularity on the app.
The Biden administration said yesterday that it would not implement the ban in a short window – 36 hours – after it goes into effect and before Trump takes office. Trump is reportedly considering an executive order to reverse the ban while his administration tries to help negotiate with a non-Chinese owner. The Chinese government, meanwhile, insists it will not allow ByteDance to sell TikTok. Beijing apparently takes TikTok very seriously.
The list of outcomes over the next few weeks is wide-ranging – including closures, sales or some version of the status quo combined with ongoing legal battles.
Enter the resolution: To understand the Supreme Court’s reasoning, I recommend an article by Adam Liptak.
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