The U.S. Supreme Court is set to decide TikTok’s fate in the coming days, with the popular app facing a potential ban unless ByteDance, its Chinese parent company, divests ownership by January 19, 2025. This stems from the Protecting Americans from Foreign Adversary Controlled Applications Act, signed into law by President Joe Biden on April 24, 2024. The legislation underscores national security concerns tied to foreign-owned apps with significant reach and influence in the U.S.
As the deadline looms, what does this mean for TikTok and other foreign-owned apps? Here’s what you need to know.
Why is the U.S. is moving to ban TikTok?
The U.S. government’s push to potentially ban TikTok centers on national security concerns. Officials are worried that ByteDance could be compelled to hand over U.S. user data or influence content under Chinese laws that require companies to cooperate with the state.
The app collects vast amounts of user data, including browsing history, location data, and device identifiers, which could potentially be accessed by the Chinese government. Moreover, there’s apprehension about the platform possibly being used to spread content that could sway U.S. public opinion.
Is this bill different from the U.S. Restrict Act?
Yes. While both the U.S. Restrict Act and the Protecting Americans from Foreign Adversary Controlled Applications Act are concerned with national security and foreign influence on U.S. technology, their approaches and scopes differ significantly. The latter directly targets TikTok and mandates divestiture to prevent a ban, focusing on a specific high-profile case.
In contrast, the Restrict Act employs a broader strategy, granting the Commerce Department powers to oversee and potentially regulate transactions and activities of tech entities under foreign adversarial control, without singling out specific companies.
How long does TikTok have before it could be banned?
TikTok’s future in the U.S. hinges on a critical deadline: January 19, 2025. By this date, ByteDance must sell its stake in the app or face a nationwide ban.
ByteDance has spent months trying to secure a buyer, but no deal has been finalized. The U.S. government has not indicated that an extension to the deadline will be granted, leaving TikTok in a precarious position.
Meanwhile, ByteDance has launched a legal challenge against the legislation, arguing that it unfairly targets TikTok and violates First Amendment protections. The case is now before the U.S. Supreme Court, which is expected to issue a decision within days. If the Court pauses enforcement of the law, TikTok’s ban could be delayed, buying ByteDance more time to find a buyer or resolve the legal dispute.
If no delay is granted and ByteDance fails to comply with the January deadline, TikTok will likely face removal from app stores and blocking by U.S. internet service providers. This would effectively cut off the app’s multi-million U.S. users from accessing the platform.
What happens if TikTok gets banned in the U.S.?
Here are a few of the potential consequences if TikTok gets banned in the U.S.:
Access and app functionality
- Immediate restrictions: TikTok would be removed from app stores such as Apple’s App Store and Google Play. Existing users could continue using the app, but without access to updates, it would become increasingly outdated and potentially unusable over time.
- ISP-level blocking: Internet service providers may be required to block access to TikTok on browsers, making it difficult to reach the platform via traditional means.
Impact on TikTok’s operations
- Revenue losses: The U.S. is one of TikTok’s largest markets, with 170 million active users. Losing this market could lead to significant revenue losses, affecting advertising income, partnerships, and TikTok Shop sales.
- Global strategy disruption: A U.S. ban would undermine TikTok’s global strategy, setting a precedent for other countries to consider similar actions, especially those already concerned about data privacy and foreign influence.
Creators and businesses
- Content creators: U.S.-based TikTok creators who depend on the platform for income would face severe disruptions. Many may migrate to alternative platforms like Instagram Reels or YouTube Shorts, but these platforms lack TikTok’s unique algorithm and reach, making it harder to replicate success.
- Small businesses: For businesses that rely on TikTok for marketing, a ban could mean higher costs and reduced organic growth. TikTok’s advertising and e-commerce capabilities, such as TikTok Shop, are difficult to replicate on other platforms.
Broader economic impact
- Job losses: TikTok employs 7,000 people in the U.S., many of whom are now uncertain about their futures. A ban could lead to layoffs, particularly if operations are scaled back or shut down entirely in the U.S.
- Ripple effects: TikTok’s 2024 U.S. ad revenue totaled 12.3 billion USD. Its absence would affect advertisers, agencies, and influencers who rely on its unique audience engagement.
Can users circumvent a potential TikTok ban in the U.S.?
If TikTok is banned in the U.S., accessing it will become more difficult, but not impossible. While using TikTok as a U.S. resident won’t be illegal, the process could become inconvenient and less safe over time.
Using a VPN to access TikTok
- A VPN could help users bypass location-based restrictions by masking their IP address and making it appear as though they are in a country where TikTok is still available.
- However, TikTok may use additional enforcement measures, such as verifying location via SIM card data or other device-based geolocation methods, to block access. This has been seen in other countries where the app is restricted, making VPNs less effective in some cases.
Browser access
- If TikTok’s mobile app is removed from app stores but not fully blocked by internet service providers, users might still be able to access it through a web browser. However, without app updates or new features, this option may only provide limited functionality and could eventually become outdated.
Limitations of workarounds
- The method of enforcement will determine the effectiveness of these solutions. For example, if the U.S. government requires ISPs to block TikTok entirely, a VPN may not bypass these restrictions.
- Additionally, TikTok could become harder to access due to a lack of updates, leading to performance and security issues for users who manage to circumvent the ban.
Essentially, the specific enforcement mechanisms implemented by the U.S. government and TikTok’s response will shape the reality of accessing the platform post-ban.
What is TikTok’s response?
TikTok continues to strongly oppose the legislation mandating its divestiture, emphasizing its commitment to fighting the ban in court. Alex Haurek, a TikTok spokesperson, previously stated, “As we continue to challenge this unconstitutional ban, we will continue investing and innovating to ensure TikTok remains a space where Americans of all walks of life can safely come to share their experiences, find joy, and be inspired.”
TikTok’s CEO, Shou Chew, has also been vocal about his criticism of the law, describing it as a direct ban rather than a simple divestiture requirement. In a video addressing TikTok users, Chew said, “It’s obviously a disappointing moment but it doesn’t need to be a defining one. It’s actually ironic because the freedom of expression on TikTok reflects the same American values that make the United States a beacon of freedom.”
If TikTok is banned, are these apps next?
Should a TikTok ban come into effect, the U.S. might scrutinize other apps that carry similar privacy concerns. Here are a few examples.
WeChat is an instant messaging, social media, and payment app developed by Tencent.
The super app has something like a billion users globally, with a much smaller figure of about 19 million users in the U.S. It’s likely that people living in America use WeChat to communicate with those overseas or are recent arrivals to the U.S. and more accustomed to WeChat than other chat apps.
In 2020, former U.S. President Donald Trump signed an executive order prohibiting transactions with eight payment apps, including WeChat, alleging that these apps threaten national security. However, the order was blocked.
CapCut
CapCut is a video-editing app developed by ByteDance, the parent company of TikTok. CapCut exists both as a standalone app and as an integration within TikTok. Users who edit their videos natively on TikTok are actually using CapCut’s editing functionality and music library.
While CapCut’s fate is uncertain, it’s safe to assume that the app might also be scrutinized, given its parent company.
Shein
Shein is a fast-fashion online retailer peddling affordable clothes, accessories, and beauty products. Based on data from Business of Apps, the U.S. is one of Shein’s largest markets, followed by Brazil and Mexico. While discussions about the brand’s data collection and privacy have been minimal, the company is linked to multiple controversies.
Most recently, a coalition known as Shut Down Shein has been set up to educate Americans about the fashion brand and its alleged dodgy dealings.
Temu
Temu is an online marketplace selling everyday items at affordable prices. Based in the U.S., the e-commerce platform is a subsidiary of PDD Holdings, which owns Pinduoduo, a popular shopping app that’s come under fire for spying capabilities.
Thanks to an aggressive ad strategy, Temu is now the second-most popular shopping app in the U.S. as measured by monthly users, behind Amazon.
AliExpress
Like Temu and Shein, AliExpress is an online marketplace popular among Americans for its affordable items. In the U.S., AliExpress has been compared to eBay. In 2022, the Office of the United States Trade Representative added the platform to its Notorious Marketplaces for Counterfeiting and Piracy list. Other apps on the list include WeChat, Taobao, Baidu, and DHGate.com.
What does a potential TikTok ban signal for digital rights and freedom?
A TikTok ban in the U.S., along with restrictions on other apps, would raise critical questions about digital rights and freedom, spotlighting the tension between national security and the open internet.
It should be noted that U.S. social media platforms are banned in China. And this move by the U.S. suggests increased government oversight in the digital realm for the U.S.
It’s another step toward the concept of the “splinternet,” an internet that is split into multiple webs based mainly on your location. This runs counter to the original spirit behind the internet, a place that was decentralized, with all data treated the same (net neutrality), catering to everyone on a wide variety of devices, and with universal standards.
At the same time, Lauren Hendry Parsons, Privacy Advocate at ExpressVPN, highlights the risks this approach could create for users. “Existing TikTok users will see their apps continue to function in the near term—but they won’t be able to update the app or their device without losing TikTok if the ban goes through. This means not only missing out on new features but also on security updates,” she explains. “Without updates, using the app and the mobile device will eventually become inadvisable.”
The broader issue, she notes, is that this safety bill could have the opposite effect on citizens. “Unsupported apps and no security updates mean that anyone with TikTok on their phone has diminished security. Any new vulnerability will not be patched by TikTok for the U.S. market, which paints a target on their backs for cybercriminals.”
As governments focus on national security, restrictions on access often lead to unintended consequences. Hendry Parsons observes: “Whenever governments attempt to restrict access to online platforms and content, there is a surge in VPN demand as people seek ways to bypass those limitations. While tools like VPNs can help users maintain access and privacy, they are not a magic bullet and come with limitations. Ultimately, users need to exercise good judgment and follow cybersecurity best practices to stay safe online.”
What are your thoughts on the bill to ban TikTok in the U.S. and the potential restrictions on other foreign-owned apps?
FAQ: About U.S. app bans
Why is TikTok being banned in the U.S.?
TikTok is facing a potential ban in the U.S. due to national security concerns. U.S. officials fear that ByteDance, TikTok’s Chinese parent company, could be compelled to share American user data with the Chinese government under Chinese laws. Additionally, concerns have been raised about the platform’s ability to spread propaganda and influence public opinion, as well as the app’s addictive nature, particularly among young users.
Is TikTok already banned in the U.S.?
No, TikTok is not yet banned. However, the Protecting Americans from Foreign Adversary Controlled Applications Act requires ByteDance to sell TikTok by January 19, 2025, or face a ban. The U.S. Supreme Court is currently reviewing legal challenges from TikTok, and its decision will determine whether enforcement of the ban proceeds.
What will happen if TikTok gets banned?
If TikTok is banned, the app will be removed from app stores like Apple’s App Store and Google Play, and internet service providers may block access to the platform. Existing users may still be able to use the app for a time but won’t receive updates or security patches, which could lead to functionality and safety issues over time.
Can users still access TikTok if it’s banned?
Using TikTok as a U.S. citizen won’t be illegal, but accessing the platform will become more difficult. Workarounds like VPNs could allow users to bypass restrictions, but their effectiveness may be limited by enforcement methods, such as location tracking through SIM cards or other geolocation tools. Without updates, using the app could eventually become unsafe.
Will creators lose their followers if TikTok is banned?
Creators will keep their followers as long as TikTok remains functional on their devices. However, over time, as users lose access or move to other platforms, creators may experience a significant drop in their reach and engagement.
Should I delete TikTok if it’s being banned?
Not necessarily. If TikTok is banned, it won’t immediately disappear from your device, and existing users may still be able to access the app for a while. However, without updates or security patches, the app could become a risk over time. If you decide to keep TikTok, be cautious about using it and avoid sharing sensitive information. Regularly monitor news updates about the ban and any potential vulnerabilities in the app.
If you’re concerned about privacy or security, you may want to delete TikTok and explore alternative platforms for entertainment or content creation.
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Comments
China certainly does not allow access to most similar US sites from inside China. Strictly regulated. In fact, that is why I originally started to use Express VPN. While traveling in China I was blocked from US news sites and Express VPN was the only way I found to bypass that blocking.
I do not have any social media accounts or even a cell phone. I don’t have streaming or any type of cable TV. I have the internet and a good old fashioned land line. Not that the land line is good anymore. It goes through my Fios. If the power goes out, I lose my land line now.
So, I am going to give my opinion here. Yeah, I know…. This may seem off topic, but it absolutely is not. I had a deck replaced 2 summers ago. My computer had been off for almost 48 hours. The guy doing the deck had Ryobi tools. We talked briefly about them. I turn my computer on Monday and I am bombarded with Ryobi ads. This was before I got ad blocker. Thank you ExpressVPN!! So, you tell me one good reason why TicToc should be banned? If this can happen to me, one of the least connected persons in the USA, then TicToc is a big nothing burger, at least to me.
Any claims the lame appointed, not elected, government mouthpieces might have are not legitimate. We are already being spied on in seriously pervasive ways by our very own government. You have GPS in your vehicle. You have a chip in your credit card. You have a cell phone which is probably the worst one. Heck, my land line spies on me. So even inside our homes we have no privacy. How about all those “Smart” gadgets like “Smart Appliances” or “Alexa”? Do you think those are safe? No. They are not. How about all the cameras on any given street or stop light with facial recognition? I won’t go on. I am sure you get the point.
When they rolled out the internet, they did not anticipate (or maybe they did) this New frontier would go so rogue. That was OK with them for a while but now their agenda had changed, or has it just moved to the next step? Now that they are attempting to turn the USA into a communist, totalitarian, socialist regime of obedient slaves they need to censor the daylight out of all other information but their own lies. This is not just about TicToc. If they are successful at banning TicToc we are in very deep, serious trouble.
I say leave TicToc alone. So far our rights have not been removed and that goes for TicToc and all the users it has here in the USA.
The ban is all about censorship and funnelling more users to Meta. The real issue is the amount of influence Meta has over government policy
I do not believe that you have addressed this article from all angles.
Another reason why the Biden Administration doesn’t like TikTok, is because youngsters get their information and news updates on it, and a lot of it is NOT according to the Governments preferred narrative i.e. their lies and BS. (check out for example videos from Ghaza showing the tyranny of the IDF).
This is why they must try and shut it down … why do you think they hate Elon Musk
They have Fb/Meta/YouTube etc under their control, but TikTok and X, No not at all!
Great read. I think a ban has less to do with ‘security’ and ‘privacy’ of users (look at the data that Google, Meta, M.Soft, etc… gather) and more to do with how your article says; “…platform possibly being used to spread content that could sway U.S. public opinion.”
It’s about limiting information – it’s censorship.
Next will be possibly a ban on crypto – as central bank digital currency will gradually replace cash. I think it’s all about control.
What about Niantic/Pokemon go? I was just asking about this and found this article… Is that why they vaguely mention dealing with “a European company” in the new privacy policy section about collecting personal data?
Hey there. Just wondering what the ramifications will be for VPN companies with the Restrict Act. I would imagine VPN companies will be eyed first by the security services. By the way I’m a loyal ExpressVPN customer for years.
Hi, we touch on it briefly here: https://www.expressvpn.com/blog/the-u-s-restrict-act-explained/
It’s hard to give any good answers about the VPN question, since it’s still just a bill. What we do know is that the language of the bill is very broad, and that a leader behind the bill has explicitly said “the punishments in the bill would not be used against ordinary citizens.”
Good to hear this. An app with even a slightest evidence of spying for the chinese government have no right to exist at all.