Unraveling the TikTok Ban: Exploring National Security Concerns, Legislative Responses, and the Algorithmic Arms Race

 By: Michelle Milter

On Wednesday, April 24th, President Biden signed a bill that would effectively ban Tiktok in the United States if the Chinese-based parent company, ByteDance, does not sell the app within nine months. Lawmakers argue that the application poses a significant national security threat, as it allows the Chinese government to access user data and manipulate the TikTok algorithm to influence American public opinion on various issues. In the prior month, the House voted 352-65 in favor of a ban, sending the bill to the Senate for approval. Once in the Senate, the legislation to force a sale of TikTok was integrated with a larger foreign aid bill that provided funding for Ukraine, and Israel, as well as humanitarian aid for Gaza. The bill passed with a resounding vote of 79-18.

Different political leaders vocalized the need for this legislation in a bi-partisan push to force a sale. At different points in time, setbacks have slowed the momentum of the legislation. On April 8th, the prospective ban resurfaced on the news after a period of stagnation when Senate Minority Leader Mitch McConnell gave a speech on the floor, urging his peers to “support common sense bipartisan steps to take one of Beijing's favorite tools of coercion and espionage off the table.” He stated that all social media platforms “can be fountains of misinformation and propaganda,” but in this case, TikTok's Chinese ownership makes it especially dangerous and susceptible to manipulation. Senate Majority Leader Chuck Schumer has not publicly expressed his position on the controversial bill. In late April, he voted in favor of the aforementioned bill that passed through the Senate which included a $95 billion package in foreign aid for Israel and Ukraine, alongside the legislation that would force a ByteDance sale of Tiktok.

Jeff Jackson, a Congressman from North Carolina with 2.5 million followers on TikTok, argued in a short video that the legislation is unlikely to affect American users on the app and would not lead to a ban. He said that if the legislation passed through the Senate, ByteDance would be forced to sell, and the app would remain available in the United States. What Jackson failed to consider is that China would likely block the sale of TikTok should ByteDance choose to divest. In an interview with CNBC, Paul Triolo​​, an associate partner at consulting firm, Albright Stonebridge, explained that any divestiture and subsequent merger by ByteDance would have to be approved by the Chinese government.

China has openly stated that they are firmly against the bill. Wang Wenbin, a spokesperson for China’s Ministry of Foreign Affairs, said that the bill violates international fair trade rules and sets a dangerous precedent. “If the pretext of national security can be used to suppress excellent companies from other countries arbitrarily, there is no fairness or justice to speak of,” he said.

Additionally, TikTok’s almighty algorithm further complicates the sale. Since the video platform took the world by storm in 2018, the other dominant companies in the social media market immediately released their own versions, mimicking the vertical scrolling of Tiktok. However, between Instagram Reels, Snapchat Spotlight, and YouTube Shorts, it was clear that Tiktok’s algorithm reigned supreme. The app's ability to engage users is unprecedented, and its algorithm, which is Chinese-created technology, is primarily behind that success. For the app to function as it does now, the algorithm would have to be a part of the sale, and the Chinese government is unlikely to let go of its top-secret recipe without a fight.

There are also broader antitrust implications to consider in the social media marketplace. As of now, Meta still boasts the largest social media platform with the largest number of users. However, TikTok is growing exponentially year after year and is projected to surpass Meta due to the app’s popularity with the younger demographic. For Meta, a TikTok ban would solidify a monopoly on the vertical “doom scrolling” social media platforms that command hours of attention from American consumers each day. It is a battle for American eyeballs, and more importantly, the ad revenue that comes with the audience. If there is any indication from Tiktok’s CEO Shou Chew, Tiktok intends to fight.

In a video he posted on the platform, he told users “[w]e aren’t going anywhere.” Just two weeks after Biden signed the contentious bill, Tiktok announced it will be suing the United States government over the decision, arguing that the bill is unconstitutional and violates the First Amendment, as it infringes on the rights of content creators, some of whom rely on Tiktok for their livelihoods. The company is also asserting that the stipulation that Tiktok must be sold in under 270 days is unrealistic. “Politicians may say otherwise, but don't get confused. Many who sponsored the bill admit a TikTok ban is their ultimate goal,” said Chew.

As lawmakers weigh the historic implications of banning an app with over 170 million American users, it will be crucial to strike a balance between addressing legitimate security concerns while also considering the larger global context and the distinct lack of competition a ban would create in the social media landscape.