The threat of a ban on TikTok in the United States has become a flashpoint in national security, international relations, and the business activities of the big tech players. The US government has expressed its worries about Chinese ownership of TikTok, due to the risks of data misuse and espionage. Chinese officials reportedly have responded to this by looking at the sale of TikTok’s U.S. business to a non-Chinese company and now Elon Musk is also being whispered as a possible purchaser.
By the time of April 2024, Congress charged ByteDance, the holding company of TikTok, to sell out in the U.S. by January 19, 2025, or be imposed nationwide ban. The law embodies bipartisan worries that TikTok could be leveraged by the People’s Republic of China government to gather U.S. national security data or conduct influence operations which can disserve U.S. national security. The company has steadfastly refused to respond to the accusations by reiterating that it has never been reported to the Chinese government, despite having an estimated 170 million users in the United States.
Approaching the divestiture deadline, TikTok filed its petition with the courts and appealed to the U.S. Supreme Court to stay enforcement of the law. On oral argument, a majority of the justices appeared close to sustaining the statute, critical of TikTok’s invocation of the First Amendment. The other notable departure was Justice Neil Gorsuch, who seemed more sympathetic to TikTok’s position. If the Court sides with law, TikTok will have to shut down in the U.S., but only through emergency sale.
Recently, given these achievements, there are also reports of Chinese authorities looking to sell TikTok’s U.S. operations to Elon Musk, the billionaire entrepreneur who owns social media platform X, formerly Twitter. Musk has business relations in China through Tesla, and is also seen as being influential with the coming Trump administration, which could possibly make him a strategic candidate for such a deal. There is, for example, the potential for X to acquire TikTok’s U.S. business and combine them, resulting in a dominant force in the social media market.
Analysts estimate the worth of TikTok’s U.S. business to range from $40 billion to $50 billion.Musk is one of the richest men in the world, but his liquidity has been in doubt, even more so given the high capital pressure resulting from his 2022 Twitter purchase. However, separating TikTok’s US business from ByteDance would be extraordinarily difficult, if not impossible, because of the private algorithms and the control of the data, which creates massive logistical and legal challenges.
TikTok has also dismissed “pure fiction” talk around a potential sale to Musk, either through ignorance or deliberate denial of the conversation. The chinese government, by virtue of a “golden share”, has also made no comments on rumors about demands for connecting.. Opinion is still divided with some users bravely speaking out against data secrecy and national security within the application, while others worry about the loss of a platform that has come to define both social interaction and economic dependency.
The challenge of TikTok calls to the surface the big and even subterranean problems between the U.S. and China in the technology and area of data sovereignty. A forced sale or ban would set a precedent for other Chinese-owned applications and technologies, which may lead to retaliatory measures from China. On the other hand, a negotiated sale to a stakeholder such as Elon Musk, would be a brand of diplomatic settlement whereby both countries can declare a certain degree of success and head off the impact on users and the tech ecosystem.
The TikTok imbroglio first and foremost represents the interaction between technology, national security, and international relations. With a January 19 deadline fast approaching, decisions taken by the U.S. Supreme Court, ByteDance, and potential buyers like Elon Musk will have implications far beyond the future of TikTok—to the dynamics of U.S.-China relations and, more broadly, to the global tech ecosystem.
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