ByteDance

President Joe Biden signed into law a national security bill on Wednesday that would force TikTok to be sold by its owner, ByteDance, or face a possible ban in the United States. Minutes later, TikTok CEO Shou Zi Chew responded with a video posted to the platform, declaring that “rest assured, we aren’t going anywhere.”
“Make no mistake, this is a ban, a ban on TikTok and a ban on you and your voice,” Chew says in the video. “Politicians may say otherwise. But don’t get confused.”

The legislation signed by Biden gives ByteDance nine months to sell TikTok, with a possible three-month extension if a sale is in progress. It would also keep ByteDance from controlling TikTok’s algorithm, which is credited with helping the app rocket in popularity.

Trending on Billboard

In his video, Chew suggests that freedom of speech will be the company’s argument against the ban, saying that the bill becoming law is “a disappointing moment, but it does not need to be a defining one.

“It’s actually ironic because the freedom of expression on TikTok reflects the same American values that make the United States a beacon of freedom,” he continues. “TikTok gives everyday Americans a powerful way to be seen and heard.”

To that end, Chew also seeks to reassure users that the app is not going anywhere anytime soon and to rally its users to weigh in publicly on how important TikTok is to them:

“You will still be able to enjoy TikTok like you always have, in fact, if you have a story about how TikTok impacts your life, we would love for you to share it to showcase exactly what we’re fighting for,” he says.

With the legislation now law, it is only a matter of time before TikTok sues to stop it, and the countdown clock has officially started. As of writing, barring a court-issued delay, ByteDance will have until Jan. 24, 2025, to find a buyer, or risk having the app wiped away from U.S. users.

“We are confident, and we will keep fighting for your rights in the courts,” Chew says in the video. “The facts and the Constitution are on our side and we expect to prevail.”

This article was originally published by The Hollywood Reporter.

The Senate passed legislation Tuesday night that would force TikTok’s China-based parent company to sell the social media platform under the threat of a ban, a contentious move by U.S. lawmakers that’s expected to face legal challenges and disrupt the lives of content creators who rely on the short-form video app for income.

Explore

Explore

See latest videos, charts and news

See latest videos, charts and news

The TikTok legislation was included as part of a larger $95 billion package that provides foreign aid to Ukraine and Israel and was passed 79-18. It now goes to President Joe Biden, who said in a statement immediately after passage that he will sign it Wednesday.

A decision made by House Republicans last week to attach the TikTok bill to the high-priority package helped expedite its passage in Congress and came after negotiations with the Senate, where an earlier version of the bill had stalled. That version had given TikTok’s parent company, ByteDance, six months to divest its stakes in the platform. But it drew skepticism from some key lawmakers concerned it was too short of a window for a complex deal that could be worth tens of billions of dollars.

Trending on Billboard

The revised legislation extends the deadline, giving ByteDance nine months to sell TikTok, and a possible three-month extension if a sale is in progress. The bill would also bar the company from controlling TikTok’s secret sauce: the algorithm that feeds users videos based on their interests and has made the platform a trendsetting phenomenon.

TikTok did not immediately return a request for comment Tuesday night.

The passage of the legislation is a culmination of long-held bipartisan fears in Washington over Chinese threats and the ownership of TikTok, which is used by 170 million Americans. For years, lawmakers and administration officials have expressed concerns that Chinese authorities could force ByteDance to hand over U.S. user data, or influence Americans by suppressing or promoting certain content on TikTok.

“Congress is not acting to punish ByteDance, TikTok or any other individual company,” Senate Commerce Committee Chairwoman Maria Cantwell said. “Congress is acting to prevent foreign adversaries from conducting espionage, surveillance, maligned operations, harming vulnerable Americans, our servicemen and women, and our U.S. government personnel.”

Opponents of the bill say the Chinese government could easily get information on Americans in other ways, including through commercial data brokers that traffic in personal information. The foreign aid package includes a provision that makes it illegal for data brokers to sell or rent “personally identifiable sensitive data” to North Korea, China, Russia, Iran or entities in those countries. But it has encountered some pushback, including from the American Civil Liberties Union, which says the language is written too broadly and could sweep in journalists and others who publish personal information.

Many opponents of the TikTok measure argue the best way to protect U.S. consumers is through implementing a comprehensive federal data privacy law that targets all companies regardless of their origin. They also note the U.S. has not provided public evidence that shows TikTok sharing U.S. user information with Chinese authorities, or that Chinese officials have ever tinkered with its algorithm.

“Banning TikTok would be an extraordinary step that requires extraordinary justification,” said Becca Branum, a deputy director at the Washington-based Center for Democracy & Technology, which advocates for digital rights. “Extending the divestiture deadline neither justifies the urgency of the threat to the public nor addresses the legislation’s fundamental constitutional flaws.”

Sen. Ron Wyden, a Democrat who voted for the legislation, said he has concerns about TikTok, but he’s also worried the bill could have negative effects on free speech, doesn’t do enough to protect consumer privacy and could potentially be abused by a future administration to violate First Amendment rights.

“I plan to watchdog how this legislation is implemented,” Wyden said in a statement.

China has previously said it would oppose a forced sale of TikTok, and has signaled its opposition this time around. TikTok, which has long denied it’s a security threat, is also preparing a lawsuit to block the legislation.

“At the stage that the bill is signed, we will move to the courts for a legal challenge,” Michael Beckerman, TikTok’s head of public policy for the Americas, wrote in a memo sent to employees on Saturday and obtained by The Associated Press.

“This is the beginning, not the end of this long process,” Beckerman wrote.

The company has seen some success with court challenges in the past, but it has never sought to prevent federal legislation from going into effect.

In November, a federal judge blocked a Montana law that would ban TikTok use across the state after the company and five content creators who use the platform sued. Three years before that, federal courts blocked an executive order issued by then-President Donald Trump to ban TikTok after the company sued on the grounds that the order violated free speech and due process rights.

The Trump administration then brokered a deal that had U.S. corporations Oracle and Walmart take a large stake in TikTok. But the sale never went through.

Trump, who is running for president again this year, now says he opposes the potential ban.

Since then, TikTok has been in negotiations about its future with the secretive Committee on Foreign Investment in the United States, a little-known government agency tasked with investigating corporate deals for national security concerns.

On Sunday, Erich Andersen, a top attorney for ByteDance who led talks with the U.S. government for years, told his team that he was stepping down from his role.

“As I started to reflect some months ago on the stresses of the last few years and the new generation of challenges that lie ahead, I decided that the time was right to pass the baton to a new leader,” Andersen wrote in an internal memo that was obtained by the AP. He said the decision to step down was entirely his and was decided months ago in a discussion with the company’s senior leaders.

Meanwhile, TikTok content creators who rely on the app have been trying to make their voices heard. Earlier Tuesday, some creators congregated in front the Capitol building to speak out against the bill and carry signs that read “I’m 1 of the 170 million Americans on TikTok,” among other things.

Tiffany Cianci, a content creator who has more than 140,000 followers on the platform and had encouraged people to show up, said she spent Monday night picking up creators from airports in the D.C. area. Some came from as far as Nevada and California. Others drove overnight from South Carolina or took a bus from upstate New York.

Cianci says she believes TikTok is the safest platform for users right now because of Project Texas, TikTok’s $1.5 billion mitigation plan to store U.S. user data on servers owned and maintained by the tech giant Oracle.

“If our data is not safe on TikTok,” she said. “I would ask why the president is on TikTok.”