The US TikTok ban has been a topic of discussion for quite some time. The issue revolves around concerns over potential user data collection and influence operations by the Chinese government.
Federal Response
In response to these concerns, the Biden Administration issued Executive Order 14034, "Protecting Americans' Sensitive Data from Foreign Adversaries," which overturns three Executive Orders signed by Donald Trump. Although the order doesn't explicitly ban TikTok, it calls for a broad review of foreign-owned applications.
Legislative Actions
Several bills have been introduced to ban or restrict TikTok in the US. For instance, the "Protecting Americans from Foreign Adversary Controlled Applications Act" (PAFACA) aims to ban operations related to TikTok unless ByteDance, the owner of TikTok, makes a qualified divestiture as determined by the US president. The bill was signed into law by President Joe Biden on April 24, 2024.
State and Local Actions
At the state level, at least 34 states have announced or enacted bans on state government agencies, employees, and contractors using TikTok on government-issued devices. Some public universities have also banned TikTok on campus Wi-Fi and university-owned computers.
Challenges and Controversies
The proposed ban has faced challenges and controversies. For example, a federal judge blocked a Montana law that banned TikTok, citing constitutional concerns. Additionally, TikTok has argued that the ban violates the Freedom of Speech Clause of the First Amendment and the Bill of Attainder Clause of Article One, Section Nine.
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