What’s next for TikTok?
The video social networking app isn’t going away from smartphones anytime soon. The legislative process is still in its early stages after the House passed a bill that would require the app’s Chinese owner, ByteDance, to be sold or be banned. The bill then goes to a skeptical Senate, after which President Biden will have to sign it into law. Even after that, it may not happen.
Here’s what to expect.
What will happen next in the legislative process?
The bill must be approved by the Senate, which could also make changes to the text of the legislation.
Several senators have already expressed concerns about the legislation as written. For example, because the text of the bill specifically names TikTok and ByteDance, some worry it could violate a part of the Constitution that prohibits Congress from targeting specific entities with legislation. (Proponents of the bill say that won’t be an issue.)
Several prominent senators who could help decide whether the legislation moves forward were noncommittal. Sen. Chuck Schumer of New York, the Democratic leader, has not said whether he will bring it up for a vote. His spokesman did not respond to a question about his plans.
Sen. Maria Cantwell of Washington, Democrat and chairwoman of the Senate Commerce, Science and Transportation Committee, said in a statement that she would speak with “colleagues in the Senate and the House to try to find a path forward that is constitutional and protects civil liberties.”
Will TikTok be banned immediately if the bill becomes law?
President Biden said last week that he would sign the bill if Congress passes it. But even if it does, it wouldn’t lead to an outright ban.
ByteDance will have six months to find someone to buy the app. If ByteDance finds a buyer that satisfies the government within that time period, the ban will never go into effect. If not, app stores and web hosting companies will no longer be allowed to offer TikTok for download or send updates to the app.
How likely are we to really lose access to TikTok in the United States?
A ban becomes more likely if TikTok can’t find a buyer that can afford a price tag that could be in the tens of billions of dollars, according to analysts. This is likely to be difficult.
The sale or divestiture could also depend on whether ByteDance is willing to sell or spin off TikTok’s entire global footprint or just its US operations. The law prohibits a tie-up between the two companies after the sale, which creates complications if a US TikTok needed access to the parent company’s algorithms or other global versions of the app.
A ban could also result from the Chinese government blocking the sale of TikTok. China criticized the new legislation and Beijing appeared to be taking steps in 2020 that would allow it to block the transfer of TikTok’s algorithm.
Could anything delay the ban?
If the House bill becomes law, TikTok or someone else will likely challenge its legality in court. A possible ban could be delayed while they fight this legal battle with the government. And a judge could eventually strike down the law entirely.
Will TikTok disappear from my phone if banned?
The bill that passed the House on Wednesday doesn’t appear to include any way for the government to remove the TikTok app from your phone. The bill’s sponsors did not immediately respond to a question about what would happen to versions of the app already installed on smartphones.
However, blocking app stores and hosting services from sending updates to the app or helping maintain the app could degrade the service for existing users, even if TikTok is already installed, and the app could stop working to work completely.
What will happen to my TikTok posts?
TikTok is required by law to allow you to download your videos and other content.