The US Congress recently approved legislation that could potentially lead to a nationwide ban on TikTok in the United States. The bill was part of a foreign aid package supporting Israel and Ukraine and has passed both the Senate and the House. President Joe Biden is expected to sign the bill, which would give TikTok’s Chinese parent company, ByteDance, 270 days to sell TikTok to avoid being banned from US app stores and internet hosting services.
If signed by Biden, the deadline for the sale of TikTok would be in January 2025, with a possible 90-day extension if progress is made towards a sale. The bill was attached to the foreign aid package by House Republicans, fast-tracking its passage and making it more likely to pass. Since Biden has supported previous TikTok legislation, it is expected that he will sign this updated version, which gives TikTok a slightly longer timeframe for a sale.
Once the bill becomes law, TikTok will have 270 days to find a buyer or face being cut off from the United States by January. TikTok has already promised to challenge the legislation in court, arguing that it violates Americans’ First Amendment speech rights and harms small businesses that rely on the app. First Amendment experts believe that the bill could be struck down in court for infringing on Americans’ access to information from abroad.
The main challenge facing TikTok in complying with the legislation is the Chinese government’s opposition to a potential sale of TikTok. China has export controls regulating algorithms, which could include TikTok’s recommendation engine. If China refuses to allow ByteDance to sell TikTok or withholds the algorithm, TikTok could struggle to survive without its key feature. The uncertainty surrounding the potential sale and the Chinese government’s stance adds complexity to TikTok’s future in the United States.
