TikTok ban: all the news on attempts to ban the video platform

Eight TikTok creators are suing to stop a law that would ban the app unless its Chinese parent company divests it, arguing that the measure would strip them of their livelihoods and creative outlets.

The suit is similar to the company’s own challenge to the law in that it leans on First Amendment arguments, calls lawmakers’ concerns around the app speculative, and recalls that courts have blocked other methods of banning TikTok, including former President Donald Trump’s executive order and a Montana state law. But while the company’s suit details the alleged impracticality of separating TikTok from its owner ByteDance, the creators’ suit focuses squarely on how their own speech could be impacted if TikTok went away.

TikTok is suing the US government over the new law that would force the shortform video app to be divested from its China-based parent company ByteDance or face a ban in the US. In a court filing submitted Tuesday, TikTok says Congress has “taken the unprecedented step of expressly singling out and banning TikTok” and calls the move “unconstitutional.”

The complaint argues that a sale from ByteDance isn’t possible and that the law would “force a shutdown” by January 19th, 2025.

Immigration officers have interrogated more than 30 TikTok employees who traveled to the US, Forbes reports. Some workers at TikTok and its China-based parent company, ByteDance, have been pulled aside by Customs and Border Protection (CBP) and held for additional questioning, according to the report. Many of the workers who have been singled out are Chinese nationals.

Some of the people who have been interrogated work in machine learning or data engineering. CBP agents have asked them about their access to US users’ TikTok data. The workers have also been asked about the location of TikTok’s US-based data centers and their own individual involvement with Project Texas, a massive corporate restructuring project designed to wall off US user data from ByteDance’s workers in China. 

After failing to stop a bill that could ban TikTok in the US unless it separates from its China-based owner ByteDance, the company now faces two big hurdles: the US judicial system and the Chinese government.

TikTok has promised to bring a legal challenge against the law that was signed by President Joe Biden on Wednesday, which requires ByteDance to divest the app within a year or face an effective ban in the US. Experts expect its main arguments to center on alleged violations of its own First Amendment rights and those of its 170 million US users. But it won’t be an easy fight since judges often hesitate to make decisions of national security importance where the legislature has so forcefully weighed in. 

This week’s TikTok news came with a strong feeling of déjà vu. Now, with the Biden administration giving up to a year for the app to be spun off from ByteDance or face a ban from the US, the question is: what happens next? 

ByteDance has been clear that it will fight this new law in the courts on First Amendment grounds, which is how it successfully defeated the Trump administration’s 2020 ban attempt. After talking to sources in and around the company, I think spinning off TikTok is the last-resort measure for leadership. CEO Shou Chew and other execs encouraged staff to stay the course during a humdrum all-hands meeting at TikTok’s New York City headquarters earlier this week, according to two people in attendance. 

It was going to happen, and then it wasn’t going to happen, and then it happened. The United States Congress passed a bill that would either ban TikTok or force it to be sold, and President Joe Biden signed it.

So... what now? TikTok could sue, and win, and go back to normal. TikTok’s owner, ByteDance, could just decide to shut it down and move on. Or it could sell TikTok US. Those are really the only three outcomes, and we have a year or less to figure out which it’s going to be.

President Joe Biden signed a foreign aid package that includes a bill that would ban TikTok if China-based parent company ByteDance fails to divest the app within a year.

The divest-or-ban bill is now law, starting the clock for ByteDance to make its move. The company has an initial nine months to sort out a deal, though the president could extend that another three months if he sees progress.

A bill that would force China-based company ByteDance to sell TikTok — or else face a US ban of the platform — is all but certain to become law after the Senate passed a foreign aid package including the measure.

It now heads to President Joe Biden, who already committed to signing the TikTok legislation should it make it through both chambers of Congress. The House passed the foreign aid package that includes the TikTok bill on Saturday.

Joe Biden faces the camera, casually dressed for a US president in khaki slacks and a quarter zip. He jovially answers a series of questions about the Super Bowl happening that day: Chiefs or Niners? Jason Kelce or Travis Kelce? And finally: Trump or Biden?

“Are you kidding? Biden,” the president says with a smile.

The House once again passed a bill that could ban TikTok from the US unless its Chinese parent company ByteDance divests it — but this time, it’s in a way that will be harder for the Senate to stall.

The bill passed 360-58 as part of a larger bill related to sanctions on foreign adversaries like Russia. It’s part of a package of foreign aid bills that seek to provide military aid to Ukraine and Israel and humanitarian aid to Gaza. Due to the urgency of the funds, packaging the TikTok bill with these measures means that the Senate will need to consider the proposal more swiftly that it would as a standalone bill. The earlier TikTok bill, which passed the House 352-65 just last month, has so far lingered in the Senate, with lawmakers there giving mixed messages about its future.

A bill that could oust TikTok from the US looked like it could linger for months in the Senate, even after the House overwhelmingly voted to approve it. But a move by House Speaker Mike Johnson (R-LA) could change that.

An updated version of the bill, which would enforce a ban of TikTok unless it divests from its China-based parent company, ByteDance, appears in a bill about sanctions on Russia and Iran. A separate bill that would prohibit data brokers from transferring US users’ information to foreign adversaries is also included. It’s part of a package on foreign aid to Ukraine, Israel, and Gaza. By combining the legislation, it could make the TikTok bill harder for the Senate to ignore.

TikTok has started rolling out its Instagram rival, TikTok Notes, to select Android and iOS users “for download and limited testing in Australia and Canada.” A tweet announcing the launch, as well as the App Store and Google Play listings, showed off some official images of the app that offer insights about how it works for those of us who don’t have access yet.

In them, we see that you can write up headlines for images above your captions, which is a feature Instagram doesn’t natively offer.