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TikTok’s head-turning saga has had so many twists and turns in recent days, it’s whiplash-inducing.
On Jan. 17, the U.S. Supreme Court Justices unanimously upheld the law to ban or force a sale of the app, which went into effect on Jan. 19. The next day, TikTok CEO Shou Zi Chew was seated in a prestigious position on the dais at President Trump’s inauguration. That same day, Trump signed an executive order instructing the Justice Department to delay enforcement for at least 75 days.
Lawmakers, including those on Trump’s side of the aisle, have already pushed back. The chairman of the Senate Intelligence Committee, Tom Cotton (R-Ark.), stated “there’s no legal basis for any kind of extension.”
The Supreme Court made the right decision, resting on legal precedent. Banning TikTok or forcing its divestiture from Chinese control is a gift to America. It’s best that this happens as soon as possible.
Our nations are not on equal footing. China maintains a digital iron curtain (the “Great Firewall”). The country blocks every major U.S. tech platform, including Meta, Google and X, while freely pushing its influence into American homes. This one-sided arrangement gives Beijing unprecedented reach into U.S. society while denying American companies access to Chinese markets.
America has legal and historical precedent to take action. When dating app Grindr’s Chinese ownership raised security concerns, regulators forced its sale. This aligns with longstanding U.S. law restricting broadcast media from adversarial foreign control that “may pose a national security risk.” It makes sense that the same principles that keep our TVs and radios free from Chinese or Russian influence apply to the digital platforms that today serve as our main sources of media.
And TikTok’s data sharing and surveillance practices are uniquely troubling. In 2022, ByteDance staff based in both the U.S. and China were caught spying on American reporters who were covering the company, using data from the journalists’ TikTok accounts to reveal their sources and “track the reporters’ physical movements.” In 2023, TikTok employees in the U.S. were caught posting private American user data, including driver’s licenses and addresses on ByteDance employee chatrooms in China with “thousands of members.”
Furthermore, under China’s National Intelligence Law, Chinese companies must surrender any data the government demands, including private information about Americans. That’s precisely why the White House banned TikTok from government devices in 2023.
On Jan. 10, when the Supreme Court heard oral arguments from TikTok, Chief Justice John Roberts aptly asked TikTok’s lawyers, “Are we supposed to ignore the fact that the ultimate parent is, in fact, subject to doing intelligence work for the Chinese government?”
China’s data-gathering intentions are all too clear. In late 2024, U.S. officials reported that the Chinese government was responsible for breaching security at major American telecom companies and government agencies, including the Department of the Treasury.
Evidence shows Beijing frequently weaponizes TikTok for propaganda and disinformation campaigns. For example, in 2022, former FBI Director Christopher Wray warned that the Chinese government can use TikTok to “influence American users or control their devices.” This is a crucial distinction. Meta and X may amplify toxic content, but they aren’t beholden to an adversarial government directing influence campaigns targeting American users.
And TikTok’s harm to kids is significant. TikTok has over 170 million users in the U.S., a third of whom are aged 14 or younger. That means TikTok is gathering data on and influencing the minds of 50-60 million American children. Recent revelations from lawsuits against TikTok by more than a dozen states’ attorneys general found that TikTok is aware that its algorithm can lead kids to feel “anxiety, depression and body dysmorphia.” Yet the company ignored those findings. It’s fair to flag here that in 2023 a Meta whistleblower exposed similar practices at Instagram.
There are valid concerns that banning TikTok will negatively affect millions of Americans. Many argue that would infringe on Americans’ free speech rights. And there’s no question that such a ban will interfere with Americans’ livelihoods. If TikTok abandoned the American market, the social and financial distress experienced by millions of citizens is real; 7 million small businesses in the U.S. report that they use TikTok to drive growth and, hence, revenue. Countless creators depend on the app for their livelihoods.
Yet in the event of a ban or if TikTok withdraws from the U.S., social media’s history illuminates users’ remarkable adaptability. MySpace users migrated en masse to Facebook. Vine users moved to YouTube and then to TikTok. Skype users transitioned to Zoom. Time and again, social media users have shown they can successfully adapt, relocate and thrive on new platforms.
And the evacuation is already well underway. Taking no chances, many TikTok users have relocated already. Many TikTok creators have urged their followers to join them on Instagram’s Reels or YouTube’s Shorts. Meta is even courting TikTok creators by offering them bonuses of $10,000 to $50,000 per month for joining Instagram. TikTok clones such as Clapper, Likee and Fanbase have also jumped to the top of the app stores as alternatives. Interestingly, the social apps RedNote and Lemon8 have become two of the top alternatives, even though they are Chinese-owned and therefore likely to be lassoed by the ban as well.
What’s next? Questions abound, including whether the president’s extension is even legal. Experts warn his executive order is likely not, with some saying “TikTok’s tech partners face massive legal risks by relying on Trump’s promises.” It may get tested in the courts quickly. Google and Apple are playing it safe, pulling the app from their stores and not offering new TikTok downloads.
All this is moot if a deal gets done in short order. While ByteDance previously said a sale is “not feasible,” China recently signaled it is open to a deal. Offers are on the table.
One comes from billionaire Frank McCourt’s advocacy group, Project Liberty. The group sent a formal offer letter to ByteDance on Jan. 9; this $20 billion cardplay strips out TikTok’s coveted yet controversial algorithm. Other rumors suggest Chinese officials were considering a sale to Elon Musk.
Although TikTok has steadfastly denied this, President Trump also chimed in that he’s open to Musk or Oracle Chairman Larry Ellison purchasing it. More players are certainly coming to the table.
This drama is undeserving of its current center stage. In all likelihood, TikTok will come under American ownership, and these theatrics will end. Kudos to the Supreme Court for upholding the bipartisan law of the land. Its decision is a gift for American security, democracy and the safety of our kids. Now it’s time to get this done.
Mark Weinstein is a tech thought leader, privacy expert, and one of the inventors of social networking. He is the author of “Restoring Our Sanity Online: A Revolutionary Social Framework.”
