Has The Clock Started Ticking For TikTok in USA?

Fourteen states in the United States have issued bans on the use of TikTok on government electronic devices, and official TikTok accounts operated by government departments are also facing closure. In the US Congress, there have recently been proposals from senators attempting to completely block TikTok's operations in the United States. Is this possible?

On December 13, Republican Senator Marco Rubio introduced the "Anti-Social CCP Act" (Bill of Averting the National Threat of Internet Surveillance, Oppressive Censorship, and Influence, and Algorithmic Learning by the Chinese Communist Party Act) which calls for a nationwide ban on TikTok.

"I want to ban TikTok for a very simple reason. They allow the Chinese Communist Party access to all of the private data on any device that uses TikTok, those phones that connect to our children's phones," Rubio's office said in a video to reporters. "This is a national security threat, it directly threatens our way of life, our economy, it allows them (China) to interfere in our midterm elections. This company should be banned, I don't know why they are allowed to do business in the United States."

Rubio also stated in the statement that this bipartisan legislation will prohibit transactions with any social media companies influenced by countries such as China and Russia.

Meanwhile, Republican Representative Mike Gallagher has also introduced similar legislation to the House of Representatives. Gallagher called TikTok a "digital fentanyl" that is addicting to Americans.

States Ban TikTok

While discussions on TikTok's operations in the United States are ongoing and no conclusions have been reached, several states have taken action at the local government level. According to the Associated Press, at least 14 states, including Alabama, Idaho, and Maryland, have issued bans on TikTok. On December 7, Indiana also filed a lawsuit against TikTok, becoming the first state in the United States to take judicial action against the company.

On Thursday, Georgia and New Hampshire banned the use of TikTok on all computer devices controlled by the state government, believing that the Chinese government may have access to users' personal data through the app.

The two Republican governors also issued bans on WeChat and Tencent-owned apps. The Governor of New Hampshire also further included software operated by Alibaba, Huawei and ZTE telecommunications hardware and smartphones manufactured by Chinese companies in the list of prohibited items.

"Georgia has a responsibility to prevent any attempts by foreign adversaries, such as the Chinese Communist Party, to access and infiltrate its secure data and sensitive information," Georgia Governor Brian Kemp wrote in a memorandum. "Therefore, we have a duty to take action to protect the security of our nation and guard against the threats of the Chinese Communist Party, its controlled entities, and other foreign cyber threats."

Within an hour of the ban, many organizations quickly took action to comply with the ban. The Georgia Department of Transportation posted a farewell video on TikTok, saying it would move to the Instagram platform.

FBI Director Christopher Wray publicly stated earlier this month that the FBI does have national security concerns about TikTok.

While several state governments in the United States have issued bans on TikTok, Stanley Chao, President of All In Consulting, reportedly said to other publications that the possibility of a nationwide ban on TikTok is low.

"I don't think this bill will pass through the US Congress. Too many small and medium-sized businesses in the United States depend on TikTok for business, and so do consumers, and this will hurt the US economy. I see TikTok and ByteDance working with President Biden and Congress and storing data on the Oracle platform. Therefore, this bill will not pass in a very broad sense."

Stanley Chao stated that it is more likely that the United States will pass a more restricted bill prohibiting the use of TikTok by federal government employees, military personnel, and diplomats. He said that TikTok's operations in the United States are too well established to allow for a complete ban on its operations in the country.

TikTok, the international version of "Douyin" and owned by Beijing-based ByteDance, has been under scrutiny due to its Chinese roots. According to TikTok's website, in September 2021, TikTok had one billion monthly active users globally. According to data from TikTok's self-serve advertising tool, in July 2022, marketers could reach one billion users aged 18 and above on TikTok. In the same period, data on audience reach in the United States showed that TikTok had 140 million active users aged 18 and above. 18.3% of people aged 18 and above worldwide use TikTok.

In 2020, the US Senate passed a bill to ban TikTok, but it was not passed by the House of Representatives. Other bills regulating or banning TikTok and other apps are also pending in Congress. On August 6, 2020, former President Trump issued an executive order prohibiting any transactions between Americans and TikTok's parent company, ByteDance, regarding TikTok starting in September of that year.

TikTok subsequently filed a lawsuit against the ban and won a preliminary victory. Last June, the Biden administration revoked the ban and instead ordered the Department of Commerce to review its security issues. It has been reported that US officials and TikTok are currently negotiating a potential agreement to address US security concerns.

Brendan Carr, one of the five members of the Federal Communications Commission, suggested last month that the Committee on Foreign Investment in the United States should take immediate action to ban TikTok to ensure the security of US user data. TikTok CEO Vanessa Pappas has claimed that the Chinese government cannot access US user data through the company.

Currently, all TikTok data is stored on Oracle cloud servers in the United States. However, according to a report by BuzzFeed, at least between September 2021 and January 2022, TikTok user data in the United States was accessed multiple times by Chinese employees of the parent company, ByteDance.

"There is compelling evidence that China is conducting a large-scale and intense espionage campaign against the US, so it is reasonable to be concerned that they will use TikTok. It would be very unwise to believe that the Chinese Communist Party would not,” said Lewis.