Since its introduction to the US in 2018, TikTok has been fighting for its right to exist. First, the company struggled to convince the public that it wasn’t just for pre-teens making cringey memes; then it had to make the case that it wasn’t responsible for the platform’s rampant misinformation (or cultural appropriation … or pro-anorexia content … or potentially deadly trends … or general creepiness, etc). But mostly, and especially over the past three years, TikTok has been fighting against increased scrutiny from US lawmakers about its ties to the Chinese government via its China-based parent company, ByteDance.
On March 1, the US House Foreign Affairs Committee voted to give President Biden the power to ban TikTok. But banning TikTok isn’t as simple as flipping a switch and deleting the app from every American’s phone. It’s a complex knot of technical and political decisions that could have consequences for US-China relations, for the cottage industry of influencers that has blossomed over the past five years, and for culture at large. The whole thing could also be overblown.
The thing is, nobody really knows if a TikTok ban, however broad or all-encompassing, will even happen at all or how it would work if it did. It’s been three years since the US government has seriously begun considering the possibility, but the future remains just as murky as ever. Here’s what we know so far.
Among the challenges lawmakers face in trying to ban TikTok outright is a public relations problem. Americans already think their government leaders are too old, ill-equipped to deal with modern tech, and generally out of touch. A kind of tradition has even emerged whenever Congress tries to do oversight of Big Tech: A committee will convene a hearing, tech CEOs will show up, and then lawmakers make fools of themselves by asking questions that reveal how little they know about the platforms they’re trying to rein in.
Congress has never heard from TikTok’s CEO, Shou Zi Chew, in a public committee hearing before, but representatives will get their chance this month. Unlike with many of the American social media companies they’ve scrutinized before, few members of Congress have extensive experience with TikTok. Few use it for campaign purposes, and even fewer use it for official purposes. Though at least a few dozen members have some kind of account, most don’t have big followings. There are some notable exceptions: Sen. Bernie Sanders, and Reps. Katie Porter of California, Jeff Jackson of North Carolina, and Ilhan Omar of Minnesota use it frequently for official and campaign reasons and have big followings, while Sens. Jon Ossoff of Georgia and Ed Markey of Massachusetts are inactive on it after using it extensively during their campaigns in 2020 and 2021. —Christian Paz
While TikTok doesn’t have vocal defenders in Congress, it does have a long list of vocal antagonists from across the country, who span party and ideological lines in both the Senate and the House.
The leading Republicans hoping to ban TikTok are Sens. Marco Rubio of Florida and Josh Hawley of Missouri, and Rep. Mike Gallagher of Wisconsin, who is the new chairman of the House select committee on competition with China. All three have introduced some kind of legislation attempting to ban the app or force its parent company ByteDance to sell the platform to an American company. Many more Republicans in both chambers who are critics of China, like Sen. Tom Cotton of Arkansas and Ted Cruz of Texas, endorse some kind of tougher restriction on the app.
Independent Sen. Angus King of Maine has also joined Rubio in introducing legislation that would ban the app.
Democrats are less united in their opposition to the platform. Sens. Mark Warner of Virginia and Michael Bennet of Colorado are two vocal skeptics. Bennet has called for Apple and Google to remove the app from their app stores, while Warner wants stronger guardrails for tech companies that would ban a “category of applications” instead of a single app (that’s the same position Sen. Elizabeth Warren of Massachusetts is taking). In the House, Gallagher’s Democratic counterpart, Rep. Raja Krishnamoorthi of Illinois, has also called for a ban or tougher restrictions, though he doesn’t think a ban will happen this year. —Christian Paz
If you ask TikTok, the company will tell you there is no relationship and that it has not and would not give US user data to the Chinese government.
But TikTok is owned by ByteDance, a company based in Beijing that is subject to Chinese laws. Those laws compel businesses to assist the government whenever it asks, which many believe would force ByteDance to give the Chinese government any user data it has access to whenever it asks for it. Or it could be ordered to push certain kinds of content, like propaganda or disinformation, on American users.
We don’t know if this has actually happened at this point. We only know that it could, assuming ByteDance even has access to TikTok’s US user data and algorithms. TikTok has been working hard to convince everyone that it has protections in place that wall off US user data from ByteDance and, by extension, the Chinese government. —Sara Morrison
Most people who’ve counted on TikTok as their main source of revenue have long been prepared for a possible ban. Fifteen years into the influencer industry, it’s old hat that, eventually, social media platforms will betray their most loyal users in one way or another. Plus, after President Trump attempted a ban in the summer of 2020, many established TikTokers diversified their online presence by focusing more of their efforts on other platforms like Instagram Reels or YouTube Shorts.
That doesn’t mean that losing TikTok won’t hurt influencers. No other social platform is quite as good as TikTok at turning a completely unknown person or brand into a global superstar, thanks to its emphasis on discovery versus keeping people up to date on the users they already follow. Which means that without TikTok, it’ll be far more difficult for aspiring influencers to see the kind of overnight success enjoyed by OG TikTokers.
The good news is that there’s likely more money to be made on other platforms, specifically Instagram Reels. Creators can sometimes make tens of thousands of dollars per month from Instagram’s creator fund, which rewards users with money based on the number of views their videos get. Instagram is also viewed as a safer, more predictable platform for influencers in their dealings with brands, which can use an influencer’s previous metrics to set a fair rate for the work. (It’s a different story on TikTok, where even a post by someone with millions of followers could get buried by the algorithm, and it’s less evident that past success will continue in the future.) —Rebecca Jennings
Almost certainly not. The most likely way a ban would happen would be through an executive order that cites national security grounds to forbid business transactions with TikTok. Those transactions would likely be defined as services that facilitate the app’s operations and distribution. Which means you might have a much harder time finding and using TikTok, but you won’t go to jail if you do. —Sara Morrison
The most likely path — and the one that lawmakers have zeroed in on — is using the International Emergency Economic Powers Act, which gives the president broader powers than he otherwise has. President Trump used this when he tried to ban TikTok in 2020, and lawmakers have since introduced TikTok-banning bills that essentially call for the current president to try again, but this time with additional measures in place that might avoid the court battles that stalled Trump’s attempt.
Trump’s ban attempt does give us some guidance on what such a ban would look like, however. The Trump administration spelled out some examples of banned transactions, including app stores not being allowed to carry it and internet hosting services not being allowed to host it. If you have an iPhone, it’s exceedingly difficult to get a native app on your phone that isn’t allowed in Apple’s App Store — or to get updates for that app if you downloaded it before this hypothetical ban came down. It’s also conceivable that companies would be prohibited from advertising on the app and content creators wouldn’t be able to use TikTok’s monetization tools.
There are considerable civil and criminal penalties for violating the IEEPA. Don’t expect Apple or Google or Mr. Beast to do so. —Sara Morrison
TikTok is already trying to make those changes to convince a multi-agency government panel that it can operate in the US without being a national security risk. If that panel, called the Committee on Foreign Investments in the United States (CFIUS), can’t reach an agreement with TikTok, then it’s doubtful there’s anything more TikTok can do.
Well, there is one thing: If ByteDance sold TikTok off to an American company — something that was considered back in the Trump administration — most of its issues would go away. But even if ByteDance wanted to sell TikTok, it may not be allowed to. The Chinese government would have to approve such a sale, and it’s made it pretty clear that it won’t. —Sara Morrison
China and other countries do ban US apps. The TikTok app doesn’t even exist in China. It has a domestic version, called Douyin, instead. TikTok also isn’t in India, which banned it in 2020. So there is precedent for other countries banning apps, including TikTok. But these are different countries with different laws. That kind of censorship doesn’t really fly here. President Trump’s attempt to ban TikTok in 2020 wasn’t going well in the courts, but we never got an ultimate decision because Trump lost the election and the Biden administration rescinded the order.
The closest thing we have to the TikTok debacle is probably Grindr. A Chinese company bought the gay dating app in 2018, only to be forced by CFIUS to sell it off the next year. It did, thus avoiding a ban. So we don’t know how a TikTok ban would play out if it came down to it. —Sara Morrison
At the moment, there’s no indication that the Chinese government has asked for private data of American citizens from ByteDance, or that the parent company has provided that information to Chinese government officials. But American user data has reportedly been accessed by China-based employees of ByteDance, according to a BuzzFeed News investigation last year. The company has also set up protocols under which employees abroad could remotely access American data. The company stresses that this is no different from how other “global companies” operate and that it is moving to funnel all US data through American servers. But the possibility of the Chinese government having access to this data at some point is fueling the national security concerns in the US.
This doesn’t speak to the other reasons driving government scrutiny of the app: data privacy and mental health. Some elected officials would like to see stricter rules and regulations in place limiting the kind of information that younger Americans have to give up when using TikTok and other platforms, (like Markey, the senator from Massachusetts), while others would like a closer look at limits on when children can use the app as part of broader regulations on Big Tech. Democratic members of Congress have also cited concerns with how much time children are spending online, potentially detrimental effects of social media, including TikTok, on children, and the greater mental health challenges younger Americans are facing today. TikTok is already making efforts to fend off this criticism: At the start of March, they announced new screen time limits for users under the age of 17. But even those measures are more like suggestions. —Christian Paz