Yes, Tiktok has been banned in the US. Tiktok, currently one of the most popular social media platforms chose to cease its operations in the United States on January 19 lest it faces a ban in the country since the US Supreme Court upheld the law forcing Tiktok to divest its data or get banned. Bytedance, the company who owns Tiktok rather chose to end its offering rather than bite the dust due to regulatory sanctions not only in the US but also in other countries where it is being subscribed to. The company believes that its data should remain with the company and not to any government. According to Tiktok, there are about 170,000 Americans on the app.
In a seemingly political post, TikTok CEO Shou Chew on Friday thanked President-elect Donald Trump for supporting the company’s efforts to remain available to US users. There is also an ongoing talks about American billionaires buying the App to save it. Bytedance has not yet released its plans and instead focus on other countries where the App has huge usage.
So what do we need to know about this issue?
Legal professionals and policy advocates need to know key areas regarding this complex legal and policy issue with significant implications.
Let us delve on the Legal Challenges first:
- Did the ban violate the constitutional right on the freedom of expression and speech as it restricts access to a popular platform used by millions of Americans. Will there be legal challenges focusing on whether the ban violated these rights?
- Was there a balance between national security and individual rights? The government argues the ban is necessary to protect national security due to concerns about TikTok’s data collection practices and potential ties to the Chinese government. Legal battles will likely center on balancing these national security interests with individual rights.
- What about the rights on data privacy? The ban highlights concerns about data privacy and the potential for foreign governments to access user data. Legal professionals will need to analyze the extent of data collection, its potential risks, and whether existing data privacy laws are sufficient.
- Legal basis of the executive power. The legal basis for the ban and the extent of executive authority to impose such restrictions will be subject to legal scrutiny.
Now these issues will be the precedent for succeeding issues regarding big tech and big data, profit versus regulations and lawyers should study these issues and it will only be the beginning of more legal tech battles.
For policy advocates there more challenges and these are the following:
- National Security Strategy. The US ban reflects broader concerns about national security in the digital age and the role of foreign technology companies. Policymakers will need to develop a comprehensive strategy to address these concerns, including potential regulations for other social media platforms. This issue has also been discussed in the judiciary and other legal forums.
- International Relations. The ban could strain US-China relations and set a precedent for other countries to restrict access to foreign-owned technology. Policymakers will need to consider the potential diplomatic consequences and update their foreign policies integrating technology and its advances at the speed of lightning.
- Technological Innovation. The ban could stifle innovation in the technology sector and hinder the development of new social media platforms. Policymakers will need to balance national security concerns with the need to encourage technological advancement.
- Censorship and Free Speech. The ban raises broader questions about censorship and the role of government in regulating online content. Policymakers will need to carefully consider the potential impact on free speech and the public discourse.
Now that we know the underlying challenges from this regulatory sanction, we need to consider the following bodies of law:
- Constitutional law and the fundamental rights protected by it, the national security law and when do individual rights yield to national security issues, the separation of powers by the three branches of government.
- Be familiar with technology law particularly data privacy law, cybersecurity law and the complexities of the digital ecosystem including e-commerce and blockchain.
- Deep understanding of international relations, trade agreements, and the potential for foreign policy repercussions as one aspect where you might want to upskill and relearn.
- Consider the perspectives of various stakeholders, including TikTok users, civil liberties groups, technology experts, and industry representatives. Understanding these viewpoints can help in crafting balanced and informed policy recommendations including its impact on national security, economic competitiveness, and social discourse, is necessary.
By staying informed on these aspects, lawyers and policy advocates can better navigate the complex landscape surrounding the potential TikTok ban and contribute to informed decision-making and advocacy efforts.