Deepshikha Maan, Jadetimes Staff
D. Maan is a Jadetimes news reporter covering US
Litigation Arising Against Possible Prohibition of TikTok in the United States
What are the reasons behind the ban on TikTok?
Congressional members from both political factions in the United States endorse a measure that has the potential to prohibit TikTok unless its parent firm, ByteDance, divests the platform to a non Chinese corporation. The main issue arises from apprehensions that the Chinese government may compel ByteDance to provide confidential information regarding TikTok's 170 million American users. Notwithstanding these worries, TikTok has always declared its commitment to not provide foreign user data to the Chinese authorities.
The bill signed by President Joe Biden in April, subsequent to Congressional ratification, established the conditions for the compulsory sale or potential prohibition of TikTok. Prior endeavors to restrict access to TikTok based on national security reasons have been unsuccessful, especially with the initiatives undertaken by former President Donald Trump in 2020. Nevertheless, Trump, who is now running as a Republican contender for the 2024 presidential election, has expressed disapproval of the new legislation, arguing that it will unjustly favor Facebook. Concurrently, Vice President Kamala Harris, who is running as the Democratic nominee, has included TikTok into her campaign strategy to actively involve younger potential voters.
When is TikTok likely to be banned in the United States?
The enactment of the legislation by President Biden has not resulted in an instant prohibition of TikTok in the United States. It has, however, initiated a timeline. ByteDance has a nine-month deadline to successfully sell TikTok to a new buyer, after which a three-month grace period will be granted before a possible prohibition would be implemented. Based on the 2024 presidential election, TikTok may be subject to a shutdown or compulsory sale in the United States by January 19, 2025. Nevertheless, TikTok's legal dispute against the legislation, begun in May, has the potential to prolong the timescale by many years.
What mechanism would a TikTok ban operate?
The most straightforward method to implement a prohibition on TikTok in the United States would be to exclude the application from app stores such as those operated by Apple and Google for iOS and Android operating systems. Implementing this measure will hinder the ability of new users to download the application and preclude current users from obtaining crucial security upgrades. Furthermore, the law grants the US government the authority to restrict applications that have connections to hostile countries, including China, Russia, Iran, and North Korea, therefore prohibiting their updates or maintenance within the United States.
What measures has TikTok taken in response?
TikTok has branded the measure as a "unconstitutional prohibition" that infringes against the democratic rights to freedom of speech in the United States. On September 16, a three-judge panel in Washington, DC, commenced hearing arguments in response to a court appeal filed by the company. Furthermore, alongside TikTok's case, a cohort of content creators who are against the legislation because of its adverse effects on their means of making a living is also engaging in the judicial procedures. The Chief Executive Officer of TikTok, Shou Zi Chew, expressed confidence in the company and stated, "We will persist in advocating for your rights through legal proceedings."
How have TikTok users in the United States responded?
The proposed prohibition has been met with strong resistance from numerous producers and users residing in the United States. During March 2024, TikTok actively promoted its American user community to engage with legislators and advocate for their rejection of the proposed legislation. Nevertheless, this effort appeared to have unintended negative consequences, as several legislators expressed that the surge of phone calls only heightened their apprehensions over the platform.
Global Context Is TikTok Prohibited in Foreign Nations?
The prospective U.S. prohibition on TikTok may serve as a catalyst for comparable actions worldwide. Since June 2020, TikTok has been prohibited in India, a country that was previously one of the app's major commercial marketplaces. In addition, Iran, Afghanistan, Nepal, and Somalia have also implemented restrictions on access to the platform. Furthermore, a number of governmental bodies in the United Kingdom and the European Union have imposed limitations on TikTok usage on official work devices, claiming security considerations.
Explain the operational mechanisms and data collection practices of TikTok.
Fundamental to TikTok's operation is its algorithm, which customises material for users according to their prior interaction. Within the application, users have the ability to peruse three main feeds: Following, Friends, and For You. In contrast to the Following and Friends feeds, which present material from accounts that users follow, the For You feed is carefully selected by the app's algorithm to highlight material that it anticipates users would find appealing. Critics contend that TikTok amasses a substantial volume of user data, including location, device details, and keyboard history. Nevertheless, several social media networks, including Facebook and Instagram, also collect comparable categories of data from their users.
