3 minute read
National Security
EMEL AKAN is a senior reporter for The Epoch Times in Washington. Previously, she worked in the financial sector as an investment banker at JPMorgan. Emel Akan
The TikTok Dilemma
If banning Huawei was easy, why can’t Washington completely ban TikTok?
President Joe biden signed legislation in December 2022 banning federal employees from using TikTok on government devices because of national security threats. Meanwhile, more than 25 states have taken measures against the popular video app, either by prohibiting its usage on government devices or filing litigation.
Some believe that these measures are good but not enough. They contend that the app should be fully outlawed in the United States because of mounting concerns that it could be used to spy on Americans. TikTok has become the most popular mobile app in the country, with roughly 100 million monthly active users.
Legal experts argue that the Biden administration is being more careful than its predecessor to avoid legal challenges. Since content shared on TikTok is considered free expression, it enjoys protection under the First Amendment.
Arthur Herman, a senior fellow and director of the Quantum Alliance Initiative at Hudson Institute, disagrees that legal hurdles are the main problem. Despite the gravity of the threat, Herman told The Epoch Times that the Biden administration “has been reluctant to really push on the China front.”
In his final months in office, President Donald Trump attempted to ban TikTok through an executive order; however, numerous federal courts struck his order down. After Biden took office, he revoked Trump’s executive order. Biden suggested using an “evidence-based approach” to find out if TikTok was a real threat to U.S. national security.
Herman claimed that due to the administration’s reluctance to act in the past two years, Congress and dozens of states had taken matters into their own hands and blocked the app on government devices as a first step. He believes, in the next two years, Congress will be the driving force behind a total ban on TikTok.
The Committee on Foreign Investment in the United States (CFIUS), an interagency government panel, has been negotiating with TikTok for more than two years.
The Biden administration has been reportedly looking into ways to divorce the app from its Chinese owner, Beijing-based ByteDance Ltd. However, there are opposing viewpoints within the administration, causing a stalemate, according to a Wall Street Journal article.
The White House didn’t respond to a request for comment.
Fred Cate, a law professor and vice president of research at Indiana University, says that the U.S. government has vast powers if it believes a company is threatening national security. But it all comes down to gathering sufficient evidence, said Cate, who specializes in information privacy and security law.
The judges didn’t find the evidence compelling enough to justify the violation of the Constitution’s First Amendment rights, he told The Epoch Times.
“A lot of people have pointed to the bans on Huawei, the equipment manufacturer, and said, ‘Look, if they can ban Huawei, they can ban TikTok.’ That, of course, is not true because Huawei makes equipment, and TikTok is primarily in the business of speech. And so, the First Amendment applies to TikTok, it probably doesn’t apply to Huawei.”
The Biden administration can’t force a sale, according to Cate, but they can make life difficult for TikTok over the next two years if its U.S. business isn’t spun off into a separate entity.
“I think everybody suspects that might be how this resolves itself,” he said.
Some legal experts say TikTok’s parent ByteDance can also be listed on the Commerce Department’s Entity List, a trade restriction list. But that might not fully address the problem, according to Cate.
Through trade restriction, the U.S. government can compel Apple and Google to remove TikTok from their app stores. However, this step would have no effect on the 100 million Americans who already have the app on their phone, he noted, and it could also be challenged in courts by users or the platforms.
Despite the hurdles, Cate is optimistic that Washington will soon find a resolution.
“The economic forces are so strongly in favor of finding a resolution that I would fully expect we’re going to find one and find one soon.”
