[UNITED STATES] Former President Donald Trump, once a staunch opponent of TikTok, has emerged as an unlikely ally for the popular social media platform. As the 2025 presidential term approaches, Trump's promise to "save TikTok" has sent ripples through the tech industry and political circles alike, leaving many to wonder about the future of US tech policy and its implications for Chinese-owned companies operating on American soil.
TikTok, the short-form video app that has taken the world by storm, finds itself at the center of a complex legal and political battle in the United States. The app's parent company, ByteDance, has been under scrutiny due to concerns about data privacy and national security. These concerns stem from the company's Chinese ownership and the potential for user data to be accessed by the Chinese government.
In April 2024, President Joe Biden signed a federal law that gave ByteDance an ultimatum: divest its stakes in TikTok or cease operations in the United States. This move set the stage for a high-stakes legal battle that could potentially see TikTok shut down in one of its largest markets by January 19, 2025 – just a day before Trump's potential second inauguration.
Trump's Shifting Stance
During his previous term, Trump was one of TikTok's most vocal critics, attempting to ban the app outright. However, his recent campaign has seen a dramatic shift in his position. Trump has repeatedly pledged to oppose a ban on TikTok, even going so far as to encourage TikTok users to vote for him based on this promise.
This change in stance has raised eyebrows and sparked speculation about the motivations behind Trump's newfound support for the platform. In a March interview with CNBC, Trump addressed these concerns, stating:
"I still believe TikTok poses a national security risk, but banning it would help its rival, Facebook, which I have continued to criticize over my 2020 election loss."
Trump also denied that his change of heart was influenced by Republican megadonor Jeff Yass, a ByteDance investor, claiming that Yass "never mentioned TikTok" during their brief meeting.
The Legal Battle and Potential Outcomes
As the legal battle unfolds, both TikTok and ByteDance have argued that divestiture is not possible, setting the stage for a potential showdown in the courts. The federal appeals court reviewing the case has been asked to issue a ruling by December 6, 2024, with the losing side expected to appeal to the Supreme Court.
The outcome of this legal process could have far-reaching consequences for the tech industry and US-China relations. If the courts uphold the law, it would fall to Trump's Justice Department to enforce it, potentially leading to fines for app stores and internet hosting services that continue to support TikTok.
Trump's Potential Strategies
While Trump has promised to "save TikTok," the specifics of his plan remain unclear. However, several potential strategies have been suggested:
Executive Order: Trump could attempt to nullify the ban through an executive order, although legal experts like Leah Plunkett of Harvard Law School believe this approach may not be lawful.
Congressional Repeal: Trump could urge Congress to repeal the law, but this would require support from Congressional Republicans who have largely backed efforts to remove TikTok from Chinese ownership.
Negotiation: Sarah Kreps, director of Cornell University's Tech Policy Institute, suggests that Trump could take the issue "back to the drawing board" and direct his administration to negotiate a new deal with TikTok.
American Takeover: Some Republicans, like Rep. John Moolenaar of Michigan, see an opportunity for the Trump administration to "broker an American takeover of the platform".
The Lobbying Game
As the battle over TikTok's future intensifies, both ByteDance and groups connected to Jeff Yass have been ramping up their lobbying efforts. Lobbying disclosure reports reveal that ByteDance has spent millions on in-house lobbyists and lobbying firms, including hiring veteran lobbyist and former Trump campaign aide David Urban.
Additionally, former senior Trump aide Kellyanne Conway has reportedly been paid by the Yass-funded conservative group Club for Growth to advocate for TikTok in Congress. These lobbying efforts underscore the high stakes involved in the TikTok debate and the complex web of political and financial interests at play.
The Broader Implications
The TikTok saga raises important questions about the future of tech regulation, data privacy, and the balance between national security concerns and free market principles. It also highlights the ongoing tensions between the United States and China in the tech sphere.
As Leah Plunkett notes, "There is too much uncertainty about what a Trump administration is likely to do." This uncertainty extends beyond TikTok to the broader landscape of US tech policy and its impact on innovation, competition, and international relations.
The Road Ahead
As the legal battle continues and the 2025 presidential term approaches, the future of TikTok in the United States remains uncertain. Trump's promise to "save TikTok" adds another layer of complexity to an already intricate situation.
Whether Trump will be able to follow through on his pledge – and what form that "salvation" might take – remains to be seen. What is clear, however, is that the outcome of this saga will have significant implications for the tech industry, US-China relations, and the future of social media regulation.
As the situation unfolds, stakeholders on all sides will be watching closely, aware that the decisions made in the coming months could shape the landscape of social media and tech policy for years to come.
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