Senate Passes Law Threatening TikTok’s Future in the US: What’s Next?

In a move that has sent shockwaves through the tech world, the United States Senate has passed a law that could spell the end of Chinese-owned TikTok’s presence in the country, unless it changes ownership within the next year. President Biden swiftly signed the law, marking a significant escalation in the ongoing tech war between the U.S. and China. This news comes on the heels of the House of Representatives passing legislation that could ban the social media platform on March 13th 

The law which was part of a larger bill providing foreign aid for key nations including Israel, Ukraine, and Taiwan, requires ByteDance, the parent company of TikTok, to divest its stake in the popular video-sharing platform within twelve months or face the possibility of being shut down. This development comes amidst longstanding concerns in Washington regarding potential national security risks associated with TikTok’s Chinese ownership. 

The controversy surrounding the ownership of TikTok’s parent company, ByteDance Ltd., has ignited a heated debate among policymakers and commentators. While some argue that ByteDance is effectively controlled by the Chinese government due to its base in Beijing, others contend that the ownership structure is more intricate, with the international investors and employees in ByteDance suggesting a diversified ownership landscape. 

The intricacies of ByteDance’s ownership, including its registration in the Cayman Islands and global investor participation, add complexity to the discussion. Despite assurances from TikTok executives regarding data security measures like Project Texas, concerns persist about potential Chinese government influence over TikTok’s operations and data handling practices.  

Despite its meteoric rise to popularity, with approximately 170 million users in the U.S. alone, this mounting scrutiny from American lawmakers and national security officials has only continued to grow, the culmination of which we are seeing today.  

The passage of this law represents a significant milestone in the U.S.’s approach to regulating social media platforms, as it marks the first time the country has taken legislative action that could lead to the outright ban of a major social media platform. However, the move has not been without its critics. 

Civil liberties groups and Constitutional scholars have condemned the law, arguing that it threatens free speech and sets a dangerous precedent for government intervention in online expression. TikTok itself has vowed to challenge the law in court, asserting that it infringes upon the rights of millions of Americans who use the platform to express themselves and connect with others. 

TikTok CEO Shou Zi Chew responded directly on the platform mere minutes after the law was signed into effect, vowing resilience and framing the issue as not just a ban on TikTok but also a suppression of American voices. Chew has called upon users to vocalize the value TikTok brings to their lives, a rallying cry that is likely to shine a spotlight on small business owners who have benefited from the platform tremendously. Critics of the law will likely cite the $24 billion in gross domestic product (GDP) and more than 224,000 American jobs that TikTok has created 

This is not the first time Chew, who is from Singapore, has been in the spotlight defending the platform. In a congressional hearing in February of this year, Chew found himself under intense scrutiny from U.S. Senator Tom Cotton, who questioned his nationality and potential ties to the Chinese Communist Party.  

As the legal battle unfolds and the deadline looms, the future of TikTok in the U.S. hangs in the balance. Whether it will successfully navigate these challenges and retain its foothold in the American market remains to be seen, but one thing is certain: the passage of this law has set the stage for a high-stakes showdown between TikTok, the U.S. government, and the broader tech industry.  

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