A new U.S. law requires ByteDance to divest its U.S. operations, risking a ban if the company refuses. TikTok plans to challenge the law in court.
TikTok, a global technology giant and one of the most popular social media platforms, is currently facing a significant challenge in the United States, its largest market. President Biden has signed a bill into law that will force ByteDance, TikTok’s parent company, to either sell its U.S. operations or face a ban within 12 months. In response, TikTok has pledged to fight this bill in court.
The Law and Its Implications
The law proposed by the House of Representatives requires ByteDance to divest its U.S. operations. This law was expedited through the legislative process, being tied to a crucial aid package for Ukraine and Israel. The House greenlit the bill, and President Biden signed it into law quickly afterwards.
This law has raised concerns about the First Amendment rights of TikTok’s 170 million American users. It could also have a significant impact on the seven million small businesses that use the platform.
TikTok’s Opposition To The Bill
TikTok has been vocal in its opposition to the law. “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, stated in a memo to TikTok’s U.S. staff. “We’ll continue to fight. This is the beginning, not the end of this long process.”
TikTok CEO Shou Chew has led a broad lobbying effort to convince lawmakers that the company does not pose a security risk. ByteDance plans to exhaust all legal avenues before considering any form of divestiture.
Bytedance further reiterated its stance on the issue on Thursday (a day after Biden signed the bill into las) stating it had no plans to sell TikTok.
The Road Ahead for TikTok in the U.S. Remains Uncertain
The future of TikTok in the U.S. is uncertain. Any deal involving TikTok would need approval from the Beijing government on tech-export grounds, and it has reiterated its opposition to a forced sale.
Impact on the Tech Industry
The TikTok case could set a precedent for how the U.S. government deals with foreign-owned tech companies in the future. This law could lead to a significant shift in the global tech landscape, with companies having to navigate increasingly complex geopolitical issues. The outcome of TikTok’s legal battle could therefore have far-reaching implications for the global tech industry.
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Published weekly on Friday, the Legal.io Newsletter covers the latest in legal, talent & tech.
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