Featured Article

TikTok ban signed into law by President Biden: How we got here, and what comes next

The TikTok ban has cleared Congress and received White House approval, putting new pressure on Bytedance to divest.

Comment

TikTok logo encircled by a "prohibited" symbol
Image Credits: TechCrunch

TikTok faces an uncertain fate in the U.S. once again. A bill including a deadline for TikTok parent company Bytedance to divest within nine months or face a ban on app stores to distribute the app in the U.S., was signed by President Joe Biden on Wednesday as part of broader legislation including military aid for Israel and Ukraine. The White House’s approval comes swiftly after strong bipartisan approval in the House and a 79-18 Senate vote Tuesday in favor of moving the bill forward.

TikTok is based in Los Angeles and Singapore but is owned by Chinese tech giant ByteDance. That relationship has raised eyebrows among U.S. officials, who warn that the app could be leveraged to further the interests of an adversary. The bill’s critics argue that the U.S. is unfairly targeting a well-loved social network when the government could be dealing with household issues that directly benefit Americans.

What happened in the Senate?

Senate Majority Leader Chuck Schumer, who has the power to set the chamber’s priorities and round up Democrats for a unified vote, initially said that the Senate “will review the legislation when it comes over from the House.”

The Senate at first seemed far from presenting a united front against TikTok. Some Republican China hawks like Sens. Josh Hawley and Marsha Blackburn were pushing their chamber of Congress to take up the bill. On the Democratic side, Senate Intelligence Committee Chairman Mark Warner issued a joint statement with his Republican committee counterpart, Marco Rubio, in support of a forced sale or ban for TikTok.

“We are united in our concern about the national security threat posed by TikTok — a platform with enormous power to influence and divide Americans whose parent company ByteDance remains legally required to do the bidding of the Chinese Communist Party,” Warner and Rubio said in an emailed statement. Their Senate committee, which is frequently briefed on national security matters, is particularly relevant given the nature of the concerns expressed by TikTok’s critics in Congress.

Late Tuesday, the Senate approved the $95 billion aid package — including aid for Taiwan and humanitarian aid for Gaza — that also contained the much-debated TikTok ban.

What happened in the House?

In March, the House Energy and Commerce Committee introduced a new bill designed to pressure ByteDance into selling TikTok. The bill marked a fresh push by the U.S. government to separate the company from its Chinese ownership or force it out of the country.

The bill, known as the Protecting Americans from Foreign Adversary Controlled Applications Act, would make it illegal for software with ties to U.S. adversaries to be distributed by U.S. app stores or supported by U.S. web hosts. Within the bill’s definitions, ownership by an entity based in an adversary country, like ByteDance in China, counts.

In language of the bill, which goes on to name TikTok explicitly, “it shall be unlawful for an entity to distribute, maintain, or update (or enable the distribution, maintenance, or updating of) a foreign adversary controlled application.” If the bill became law, Apple’s App Store and Google Play could not legally distribute the app in the U.S.

The bill, which many of its detractors reasonably describe as a “ban,” would force ByteDance to sell TikTok within 270 days — roughly nine months — in order for the app to continue operating here. There can also be a 90-day extension given to the company if “significant progress” is being made to sell. It also empowers the president to have oversight of this process to ensure that it results in the company in question “no longer being controlled by a foreign adversary.”

After getting wind of the bill’s swift and sudden progress in Congress, TikTok pushed back with a mass in-app message to U.S. users, complete with a button for calling their representatives.

“Speak up now — before your government strips 170 million Americans of their Constitutional right to free expression,” the message read. “Let Congress know what TikTok means to you and tell them to vote NO.”

In spite of TikTok’s decision to rile up its users — or perhaps because of it — the bill to force ByteDance to sell TikTok passed through the House Energy and Commerce Committee with a 50-0 vote. The fast-tracked bill passed a full vote in the House on March 13.

Prior to the vote, subcommittee members had a classified briefing with the FBI, the Justice Department and Office of the Director of National Intelligence at the behest of the Biden administration, Punchbowl News reported.

President Biden also explicitly said that he would sign the bill if it reaches his desk. “If they pass it, I’ll sign it,” Biden told a group of reporters. And Biden followed through with that statement in signing the bill Wednesday.

Why does the U.S. say TikTok is a threat?

To be clear, there is currently no public evidence that China has ever tapped into TikTok’s stores of data on Americans or otherwise compromised the app.

Still, that fact hasn’t stopped the U.S. government from highlighting the possibility that China could if it wanted to. The Chinese government hasn’t been shy about going hands-on with companies in the country or keeping critics from its business community in line.

FBI director Chris Wray once cautioned that users might not see “outward signs” if China were ever to meddle with TikTok. “Something that’s very sacred in our country — the difference between the private sector and the public sector — that’s a line that is nonexistent in the way the CCP operates,” Wray said in a Senate hearing last year.

TikTok has vehemently denied these accusations. “Let me state this unequivocally: ByteDance is not an agent of China or any other country,” TikTok CEO Shou Zi Chew said last year during a separate hearing with the House Energy and Commerce Committee.

To TikTok’s credit, if China wanted to get its hands on information about U.S. users, Beijing could easily turn to data brokers who openly sell troves of user data around the globe with little oversight.

Because the U.S. has not produced any public evidence to back up its serious claims, there’s a major disconnect between how politicians feel about TikTok and how most Americans do. For many TikTok users, the U.S. crackdown is just one more way that politicians are out of touch with young people and don’t understand how they use the internet. For them — and other skeptics of the U.S. government’s claims — the situation looks like pure political posturing between two countries with bad blood, sometimes with a dash of racism.

The US government ramps up its pressure campaign against TikTok

Where did this idea come from?

The campaign to force ByteDance to sell TikTok to a U.S. company originated with an executive order during the Trump administration. Trump’s threats against the company culminated in a plan to force TikTok to sell its U.S. operations to Oracle in late 2020. In the process, TikTok rejected an acquisition offer from Microsoft but ultimately didn’t sell to Oracle, either, in spite of Trump’s efforts to steer the acquisition to benefit close ally and Republican mega donor Larry Ellison.

The executive action ultimately fizzled in 2021 after Biden took office. But last year, the Biden administration picked up the baton, escalating a pressure campaign against the app along with Congress. Now that campaign looks to be back on track.

Oddly, former President Donald Trump, who himself initiated the idea of a forced TikTok sale four years ago, is no longer in support of a TikTok crackdown. Trump explained his abrupt about-face on TikTok by highlighting the benefit a ban or forced sale could have on Meta, which suspended the former president’s account over his role in inciting violence on January 6.

“Without TikTok, you can make Facebook bigger, and I consider Facebook to be an enemy of the people,” Trump told CNBC. Trump’s tune on TikTok may have changed following a recent meeting with billionaire Republican donor Jeffrey Yass, who owns a 15% stake in TikTok’s Chinese parent company ByteDance.

What’s TikTok’s response to the potential ban?

There is some strong bipartisan congressional support for regulating TikTok, but things are still pretty complex. The most obvious complication: TikTok is enormously popular and we’re in an election year. TikTok has 170 million users in the U.S. and they aren’t likely to quietly watch as Congress effectively bans their favorite source of entertainment and information.

TikTok’s creators and their followers likely won’t go quietly. TikTok accounts with millions of followers have a built-in platform for organizing against the threat to the app that connects them to their communities and facilitates brand deals and advertising income.

TikTok itself would also surely mount a strong legal challenge against the forced sale, much as it did when the Trump administration previously tried to accomplish the same thing through executive action. TikTok also sued when Montana attempted to enact its own ban at the state level, which ultimately resulted in a federal judge issuing an injunction and blocking the effort as unconstitutional.

“This legislation has a predetermined outcome: a total ban of TikTok in the United States,” TikTok spokesperson Alex Haurek told TechCrunch in an emailed statement. “The government is attempting to strip 170 million Americans of their Constitutional right to free expression,” Haurek said, foreshadowing the massive public outcry that could result.

The cultural reach of TikTok is so great that Biden is campaigning on TikTok, even as the White House calls the app a national security threat.

Even though the White House has now signed off on the legislation, the U.S. scheme to force ByteDance to sell TikTok could still fail — an outcome that may or may not result in a ban. China has previously stated that it would oppose a forced sale of TikTok, which is well within the Chinese government’s rights following an update to the country’s export rules in late 2020.

Beyond Congress and the courts, TikTok holds a direct line to a massive chunk of the American electorate and a fleet of creators who command many millions of loyal followers. Those levers of power shouldn’t be underestimated in the fight to come.

Still, it’s difficult for TikTok to more effectively organize these millions. Though the X platform, when it operated as Twitter, was highly efficient as a mechanism to share breaking news, TikTok’s algorithms make it less effective as a means of understanding what is happening minute by minute. Though TikTok users say it has become a source of news — among adults, those ages 18 to 29 are most likely to say they receive their news regularly on TikTok — that information tends to be highly targeted and asynchronous. While many users may know something is brewing in Washington, it’s likely they are less aware of the steps required to fight it, making it harder for TikTok to mobilize them.

This post was originally posted March 13, and has been updated as the legislation moves forward.

More TechCrunch

Adam Selipsky is stepping down from his role as CEO of AWS, Amazon PR has confirmed to TechCrunch.  In a memo shared internally by Amazon CEO Andy Jassy and published…

AWS CEO Adam Selipsky steps down

VC and podcaster David Sacks has revealed a new AI chat app called Glue that fixes “Slack channel fatigue,” he says.

David Sacks reveals Glue, the AI company he’s been teasing on his All In podcast

Harness Lab isn’t founder Jyoti Bansal’s first startup. He sold AppDynamics to Cisco for $3.7 billion in 2017, the week it was supposed to go public. His latest venture has…

After surpassing $100M in ARR, Harness Labs grabs a $150M line of credit

The company’s autonomous vehicles have had a number of misadventures lately, involving driving into construction sites.

Waymo’s robotaxis under investigation after crashes and traffic mishaps

Sona, a workforce management platform for frontline employees, has raised $27.5 million in a Series A round of funding. More than two-thirds of the U.S. workforce are reportedly in frontline…

Sona, a frontline workforce management platform, raises $27.5M with eyes on US expansion

Uber Technologies announced Tuesday that it will buy the Taiwan unit of Delivery Hero’s Foodpanda for $950 million in cash. The deal is part of Uber Eats’ strategy to expand…

Uber to acquire Foodpanda’s Taiwan unit from Delivery Hero for $950M in cash 

Paris-based Blisce has become the latest VC firm to launch a fund dedicated to climate tech. It plans to raise as much as €150M (about $162M).

Paris-based VC firm Blisce launches climate tech fund with a target of $160M

Maad, a B2B e-commerce startup based in Senegal, has secured $3.2 million debt-equity funding to bolster its growth in the western Africa country and to explore fresh opportunities in the…

Maad raises $3.2M seed amid B2B e-commerce sector turbulence in Africa

The fresh funds were raised from two investors who transferred the capital into a special purpose vehicle, a legal entity associated with the OpenAI Startup Fund.

OpenAI Startup Fund raises additional $5M

Accel has invested in more than 200 startups in the region to date, making it one of the more prolific VCs in this market.

Accel has a fresh $650M to back European early-stage startups

Kyle Vogt, the former founder and CEO of self-driving car company Cruise, has a new VC-backed robotics startup focused on household chores. Vogt announced Monday that the new startup, called…

Cruise founder Kyle Vogt is back with a robot startup

When Keith Rabois announced he was leaving Founders Fund to return to Khosla Ventures in January, it came as a shock to many in the venture capital ecosystem — and…

From Miles Grimshaw to Eva Ho, venture capitalists continue to play musical chairs

On the heels of OpenAI announcing the latest iteration of its GPT large language model, its biggest rival in generative AI in the U.S. announced an expansion of its own.…

Anthropic is expanding to Europe and raising more money

If you’re looking for a Starliner mission recap, you’ll have to wait a little longer, because the mission has officially been delayed.

TechCrunch Space: You rock(et) my world, moms

Apple devoted a full event to iPad last Tuesday, roughly a month out from WWDC. From the invite artwork to the polarizing ad spot, Apple was clear — the event…

Apple iPad Pro M4 vs. iPad Air M2: Reviewing which is right for most

Terri Burns, a former partner at GV, is venturing into a new chapter of her career by launching her own venture firm called Type Capital. 

GV’s youngest partner has launched her own firm

The decision to go monochrome was probably a smart one, considering the candy-colored alternatives that seem to want to dazzle and comfort you.

ChatGPT’s new face is a black hole

Apple and Google announced on Monday that iPhone and Android users will start seeing alerts when it’s possible that an unknown Bluetooth device is being used to track them. The…

Apple and Google agree on standard to alert people when unknown Bluetooth devices may be tracking them

The company is describing the event as “a chance to demo some ChatGPT and GPT-4 updates.”

OpenAI’s ChatGPT announcement: Watch here

A human safety operator will be behind the wheel during this phase of testing, according to the company.

GM’s Cruise ramps up robotaxi testing in Phoenix

OpenAI announced a new flagship generative AI model on Monday that they call GPT-4o — the “o” stands for “omni,” referring to the model’s ability to handle text, speech, and…

OpenAI debuts GPT-4o ‘omni’ model now powering ChatGPT

Featured Article

The women in AI making a difference

As a part of a multi-part series, TechCrunch is highlighting women innovators — from academics to policymakers —in the field of AI.

21 hours ago
The women in AI making a difference

The expansion of Polar Semiconductor’s facility would enable the company to double its U.S. production capacity of sensor and power chips within two years.

White House proposes up to $120M to help fund Polar Semiconductor’s chip facility expansion

In 2021, Google kicked off work on Project Starline, a corporate-focused teleconferencing platform that uses 3D imaging, cameras and a custom-designed screen to let people converse with someone as if…

Google’s 3D video conferencing platform, Project Starline, is coming in 2025 with help from HP

Over the weekend, Instagram announced that it is expanding its creator marketplace to 10 new countries — this marketplace connects brands with creators to foster collaboration. The new regions include…

Instagram expands its creator marketplace to 10 new countries

You can expect plenty of AI, but probably not a lot of hardware.

Google I/O 2024: What to expect

The keynote kicks off at 10 a.m. PT on Tuesday and will offer glimpses into the latest versions of Android, Wear OS and Android TV.

Google I/O 2024: How to watch

Four-year-old Mexican BNPL startup Aplazo facilitates fractionated payments to offline and online merchants even when the buyer doesn’t have a credit card.

Aplazo is using buy now, pay later as a stepping stone to financial ubiquity in Mexico

We received countless submissions to speak at this year’s Disrupt 2024. After carefully sifting through all the applications, we’ve narrowed it down to 19 session finalists. Now we need your…

Vote for your Disrupt 2024 Audience Choice favs

Co-founder and CEO Bowie Cheung, who previously worked at Uber Eats, said the company now has 200 customers.

Healthy growth helps B2B food e-commerce startup Pepper nab $30 million led by ICONIQ Growth