The TikTok Ban: An Ongoing Battle Between the US and ByteDance

The TikTok Ban: An Ongoing Battle Between the US and ByteDanceDespite a brief reprieve from a federal ban on TikTok under President Trump, the popular video-sharing apps short-term return to US app stores remains highly unlikely. On January 19, 2024, the US government formally issued a comprehensive ban targeting ByteDance, encompassing several of its popular applications, including TikTok, Marvel Snap, and CapCut

The TikTok Ban: An Ongoing Battle Between the US and ByteDance

Despite a brief reprieve from a federal ban on TikTok under President Trump, the popular video-sharing apps short-term return to US app stores remains highly unlikely. On January 19, 2024, the US government formally issued a comprehensive ban targeting ByteDance, encompassing several of its popular applications, including TikTok, Marvel Snap, and CapCut. Surprisingly, just one day later, President Trump signed an executive order delaying the ban for 75 days. However, even with this delay, TikTok and other apps developed by ByteDance Ltd. remained absent from the App Store and Google Play Store. Apple's official support page hinted at this ongoing situation, citing a legal obligation to comply with the laws of its operating jurisdictions.

Under the Protecting Americans from Foreign Hostile Apps Act, from January 19, 2025, apps developed by ByteDance Ltd. and its subsidiaries, including TikTok, CapCut, and Lemon8, will be prohibited from being downloaded or updated on US App Stores. The complete list of affected applications includes: CapCut, Gauth: AI Study Companion, Hypic, Lark-Rooms Display, Lark-Team Collaboration, Lark Rooms Controller, Lemon8, MARVEL SNAP, TikTok, TikTok Shop Seller Center, and TikTok Studio.

US users who already have these apps installed on their phones can continue using them. However, re-downloads will be impossible after deletion or device replacement. Furthermore, in-app purchases and new subscriptions will no longer be available.

This conflict between the US and ByteDance traces its roots back to mid-2020, during the Trump administration. Interestingly, President Trump's stance on the matter shifted significantly over several years. During the early years of the Biden administration, the TikTok ban received little public mention. However, in April 2024, President Biden signed legislation demanding ByteDance divest its ownership of TikTok to a US buyer within nine months. ByteDance publicly declared its preference to shut down TikTok rather than cede ownership to a US company.

In the days leading up to the ban's enforcement, then-candidate Trump assured the American public that TikTok would continue operating in the US. Following the ban's January 19th activation, Trump fulfilled this promise, delaying enforcement on his January 20th inauguration day. The justification for the delay was to provide ByteDance with an additional 75 days to divest its ownership to a US entity. No progress on this divestiture has been publicly reported.

The demand for ByteDance to divest its ownership of TikTok evokes the concept of eminent domainthe government's power to seize private property for public use with just compensation to the owner. However, this situation doesn't meet the criteria of eminent domain, as the sole requirement is the transfer of ownership to a US entity, who would likely retain it as private property.

While ByteDance was founded by a Chinese entrepreneur, China does not hold a majority stake in the company. TikTok points out that nearly 60% is owned by institutional investors such as BlackRock, General Atlantic, and Carlyle Group, with the founder and global employees holding the remaining 20%.

The TikTok battle is far more than a simple dispute between a Chinese company and the US government. It involves national security concerns, data privacy issues, and the regulation of the global expansion of large tech companies. The ban's delay and eventual implementation cast a shadow over TikTok's future in the US, highlighting the intensifying complexities of international tech competition. The US government's actions have also sparked broader discussions about the extent of government intervention in private businesses and issues of free speech. How ByteDance and its investors respond to this challenge, and what further actions the US government takes regarding TikTok, will remain under global scrutiny. This ongoing struggle impacts not only TikTok's fate but also the future model of global development and regulation within the tech industry.