Why the TikTok ban won't solve the US's online privacy problems

Political Moves

The TikTok ban has become a focal point of political maneuvering in the U.S., highlighting the complexities of tech policy and national security. Nilay Patel and Lauren Feiner discuss how the ban was passed by bundling it with a foreign aid package, a common legislative tactic to ensure passage of controversial measures 1. This maneuvering reflects Congress's reluctance to address broader privacy issues, despite the existence of potential frameworks like the American Privacy Rights Act 2. Feiner notes, "It definitely feels like everything in the tech policy world just turned upside down in the past week." 3

   

Global Impact

International concerns surrounding TikTok's ownership have intensified, with the U.S. government pushing for a change in its ownership structure to mitigate national security risks. Lauren Feiner explains that the ban targets TikTok's parent company, ByteDance, requiring it to divest TikTok to avoid a ban 4. The legal battles ahead are expected to focus on First Amendment rights and the potential for the law to be seen as a bill of attainder, targeting a specific company 5. Feiner suggests, "This is an existential threat, so I don't see why they wouldn't present a legal challenge."

   

Ban Mechanics

The mechanics of the TikTok ban involve a strategic approach to enforce compliance through app store regulations. Nilay Patel outlines that ByteDance has up to twelve months to divest TikTok, or app stores will be prohibited from distributing or updating the app 6. This approach shifts the enforcement burden to Apple and Google, who are expected to comply if the government mandates it 7. Patel remarks, "The fight over TikTok is just beginning," indicating the potential for prolonged legal and political battles.