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Restrictions on TikTok in the United States

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TikTok had been under a nationwide ban in the United States since January 19, 2025, due to concerns over potential user data collection and influence operations by the government of the People's Republic of China. The ban took effect after TikTok chose to shut down its operations in the United States rather than divest from Chinese ownership in response to the Protecting Americans from Foreign Adversary Controlled Applications Act. Prior to the ban, individual states, cities, universities, and government-affiliated devices had restricted TikTok.

In 2020, President Donald Trump proposed a ban of the app as he viewed it as a security threat. He signed an executive order instructing that ByteDance, the China-based parent company of TikTok, divest from the app, though the order was reversed by the Biden administration in 2021. However, in 2024, the Protecting Americans from Foreign Adversary Controlled Applications Act was proposed in Congress, again ordering that ByteDance divest due to alleged security concerns and pro-Palestinian bias. The bill was approved by Congress and signed into law by Biden. Following a lawsuit from TikTok, the law was upheld by the Supreme Court.

On January 18, 2025, at approximately 10:30 p.m. EST, TikTok suspended its services in the United States after ByteDance refused to divest before the deadline. The following day, after President-elect Trump signaled that he would grant a 90-day extension to TikTok upon being inaugurated, services were restored.

Background

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Federal restrictions

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Further information: TikTok § United States, and Protecting Americans from Foreign Adversary Controlled Applications Act

In December 2019, the United States Army and Navy banned TikTok on government devices after the Department of Defense labeled it a security risk.[1] Before the policy change, army recruiters had been using the platform to attract young people. Unofficial promotional videos continue to be posted on TikTok under personal accounts, drawing the ire of government officials, but they have also helped boost the number of enlistees; several accounts have millions of views and followers.[1][2][3]

First Trump administration (2017–2021)

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This section is an excerpt from Donald Trump–TikTok controversy.[edit]

In 2020, the United States government announced that it was considering banning the Chinese social media platform TikTok upon a request from then-president Donald Trump, who viewed the app as a national security threat. The result was that TikTok owner ByteDance—which initially planned on selling a small portion of TikTok to an American company—agreed to divest TikTok to prevent a ban in the United States and in other countries where restrictions are also being considered due to privacy concerns, which themselves are mostly related to its ownership by a firm based in China.

TikTok later announced plans to file legal action challenging the order's transactional prohibitions with U.S. companies. The lawsuit against the Trump Administration's order was filed on August 24, 2020, with TikTok arguing that the order was motivated by Trump's efforts to boost re-election support through protectionist trade policies aimed at China. A separate suit filed the same day by TikTok's U.S. technical program manager Patrick Ryan against Trump and Secretary of Commerce Wilbur Ross sought a temporary restraining order, arguing that his due process rights were violated and the ban was an "unconstitutional taking" of Ryan's property under the Fifth Amendment; the suit also claimed Trump's action was likely a retaliation because of TikTok videos organizing pranks against a recent Trump campaign rally.

American technology company Microsoft had previously proposed an idea to acquire TikTok's algorithm and other artificial intelligence technology, but this was declined by ByteDance, as its executives expressed concern that it would likely be opposed by the Chinese government, which in turn had criticized the Trump Administration's order as a "smash and grab" forced sale. On September 13, 2021, ByteDance suggested that it would prefer the shuttering of U.S. operations over such a sale.

Biden administration (2021–2025)

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Executive Order 14034 ("EO 14034"), "Protecting Americans' Sensitive Data from Foreign Adversaries"

On June 9, 2021, the Biden Administration issued Executive Order 14034, "Protecting Americans' Sensitive Data from Foreign Adversaries" ("EO 14034"). EO 14034, overturning three Executive Orders signed by Donald Trump: Executive Order 13942, Executive Order 13943, and Executive Order 13971. Despite revoking these Executive Orders, the Biden Administration's EO 14034 has called upon other federal agencies to continue a broad review of foreign-owned applications set to continuously inform the President of the risk that the applications pose to personal data and national security.[4] The White House said that, "The Biden Administration is committed to promoting an open, interoperable, reliable, and secure Internet; protecting human rights online and offline; and supporting a vibrant, global digital economy."[5]

In December 2022, Senator Marco Rubio and representatives Mike Gallagher and Raja Krishnamoorthi introduced the Averting the National Threat of Internet Surveillance, Oppressive Censorship and Influence, and Algorithmic Learning by the Chinese Communist Party Act (ANTI-SOCIAL CCP Act), which would prohibit Chinese- and Russian-owned social networks from doing business in the United States.[6][7]

On December 30, 2022, President Joe Biden signed the No TikTok on Government Devices Act, prohibiting the use of the app on devices owned by the federal government, with some exceptions.[8] Days after the Biden administration called on ByteDance, which owns TikTok, to sell the platform or face a ban, law enforcement officials disclosed that an investigation into TikTok was taking place. On March 17, 2023, the United States Department of Justice (DOJ) and the Federal Bureau of Investigation (FBI) officially launched an investigation of TikTok, including allegations that the company spied on American journalists.[9]

On January 25, 2023, Missouri Senator Josh Hawley introduced a bill to ban the platform nationwide. On March 8, 2023, former president Donald Trump posted on his social media platform that everyone who originally opposed his 2020 efforts to ban TikTok now had come to "realize that I was right" that the ban was needed for reasons of "China Influence and National Security".[10] After Shou Zi Chew, the CEO of TikTok, testified before the U.S. House of Representatives, Hawley's attempt to force a vote on this bill in the Senate was blocked on March 29, 2023 when Kentucky Senator Rand Paul objected.[11]

In February and March 2023, the DATA Act and the RESTRICT Act were both introduced in the House of Representatives and Senate, respectively. The DATA Act, introduced on February 24 by Michael McCaul, aimed to ban selling non-public personal data to third-party buyers.[12] On March 7, Senator Mark Warner introduced the RESTRICT Act: if passed, it would give the Secretary of Commerce authority to review business transactions made by IT service and product vendors tied to designated "foreign adversaries" if they present an undue threat to national security, and have more than one million active users in the United States. The legislation would allow for the enforcement of orders and other mitigation measures, which could include mandatory divestment, or being prohibited from doing business in the United States.[13]

Several officials subsequently cited alleged pro-Palestinian bias on the app. While advocating for a ban, Representative Mike Gallagher alleged "rampant pro-Hamas propaganda on the app".[14] Senators Mitt Romney, Josh Hawley, Representative Mike Lawler, and other Republicans have also alleged that TikTok had a pro-Palestine bias, with Lawler even alleging that TikTok was being manipulated during pro-Palestinian protests at colleges.[15] In a filing to the Supreme Court, TikTok's attorneys said "Allegations that TikTok has amplified support for either side of the Israeli- Palestinian conflict are unfounded."[16]

On March 13, 2024, the United States House of Representatives passed the Protecting Americans from Foreign Adversary Controlled Applications Act (H.R. 7521) with largely bipartisan support from Democrat and Republican-party representatives.[17][18] It would ban operations related to the app completely within the country unless ByteDance makes a qualified divestiture as determined by the US president.[19] After modifications, the act passed the House again[20][21] and the United States Senate[22] before it was signed into law by Joe Biden on April 24, 2024. The ban went into effect on January 19, 2025. An additional 90 days could be issued on the deadline.[23]

[edit]
U.S. Supreme Court ruling on TikTok v. Garland
TikTok v. Garland oral arguments on January 10, 2025
This paragraph is an excerpt from TikTok v. Garland.[edit]

TikTok, Inc. v. Garland, 604 U.S. ___ (2025), was a United States Supreme Court case brought by ByteDance Ltd. and TikTok on the constitutionality of the Protecting Americans from Foreign Adversary Controlled Applications Act (PAFACA) based on the Freedom of Speech Clause of the First Amendment, the Bill of Attainder Clause of Article One, Section Nine, and the Due Process Clause and Takings Clause of the Fifth Amendment.[24][25][26] The case was consolidated with Firebaugh v. Garland, a lawsuit filed by TikTok content creators against the law.[27][28]

Citing national security concerns, the U.S. Congress passed PAFACA in April 2024 towards regulating social media companies owned by foreign corporations from, or by corporations owned by foreign nationals from, countries designated as U.S. foreign adversaries and that have been determined by the President to present a significant national security threat, requiring these companies to divest themselves from the foreign entities. The law specifically named Chinese company ByteDance Ltd. and TikTok as a "foreign adversary controlled application", requiring ByteDance to divest itself by January 19, 2025, or otherwise require the app to be removed from app stores.[29]

ByteDance sued the federal government following passage of PAFACA, asserting the law violated the First and Fifth Amendments. The U.S. District of Columbia Circuit Court of Appeals unanimously rejected the company's claims about the constitutionality of the law in December 2024[30][31][32] and declined to grant a temporary injunction while ByteDance sought an appeal from the Supreme Court.[33][34]

The Supreme Court granted certiorari for TikTok's appeal on an expedited schedule, and heard oral arguments on January 10, 2025, nine days before the law's divestment deadline. In a per curiam decision released on January 17, 2025, the Court ruled that the law was constitutional, as Congress had shown the law satisfies intermediate scrutiny review on their concerns related to national security.[35]

Second Trump administration

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Trump campaigned on promises of not banning TikTok, despite his original opposition.[36][37] Trump's cabinet picks for the Federal Communications Commission (FCC), as well as most Republicans, remain in favor of banning the app.[36] Trump mentioned that after taking office, he will pursue a 'political resolution' regarding the issue.[38]

Other restrictions

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On April 14, 2023, Montana became the first state to pass legislation banning TikTok on all personal devices operating within state lines, and barring app stores from offering TikTok for download.[39][40][41] Governor Greg Gianforte signed the bill, Senate Bill (SB) 419, into law on May 17.[42][43] The ban was blocked by US District Judge Donald W. Molloy on December 1, 2023, as he stated the ban "infringes on the Constitutional right of users and businesses". Due to the block, the ban did not come into effect as planned.[44]

As of April 2023,[45][46] at least 34 out of 50 states have announced or enacted bans on state government agencies, employees, and contractors using TikTok on government-issued devices. State bans only affect government employees and do not prohibit civilians from having or using the app on their personal devices.

State Date Source
Alabama December 13, 2022 [47]
Alaska January 6, 2023 [48]
Arizona April 5, 2023 [49]
Arkansas January 10, 2023 [50]
Delaware January 19, 2023 [51]
Florida August 11, 2020 [52]
Georgia December 15, 2022 [53]
Idaho December 14, 2022 [54]
Indiana December 7, 2022 [55]
Iowa December 13, 2022 [56]
Kansas December 28, 2022 [57]
Kentucky January 12, 2023 [58][59]
Louisiana December 19, 2022 [60]
Maine January 19, 2023 [61]
Maryland December 6, 2022 [62]
Michigan March 1, 2023 [63]
Mississippi January 11, 2023 [64]
Montana December 16, 2022 [65]
Nebraska August 12, 2020 [66]
Nevada March 28, 2023 [67]
New Hampshire December 15, 2022 [53]
New Jersey January 9, 2023 [68]
North Carolina January 12, 2023 [69]
North Dakota December 13, 2022 [70]
Ohio January 8, 2023 [71]
Oklahoma December 8, 2022 [72]
Oregon July 24, 2023 [73][74]
South Carolina December 5, 2022 [75][76]
South Dakota November 29, 2022 [77]
Tennessee December 10, 2022 [78]
Texas December 7, 2022 [79]
Utah December 12, 2022 [80]
Vermont February 20, 2023 [81]
Virginia December 16, 2022 [82]
Wisconsin January 12, 2023 [83]
Wyoming December 15, 2022 [84]

In August 2023, New York City banned TikTok on government-owned devices for security reasons.[85]

Some public universities have also banned TikTok on campus Wi-Fi and university-owned computers. These include, but are not limited to:

Criticism and response

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TikTok began working on Project Texas after 2020 to address data concerns from the US government.[96] From 2019 to 2024, TikTok and ByteDance combined spent $27 million on lobbying in the United States, including their hire of SKDK, a public affairs firm, in 2023 according to Politico.[97][98] Reuters reported that according to its sources, if all legal methods to block the April 2024 ban are exhausted, ByteDance would prefer to shut down TikTok than sell it with its core algorithm, which is also subject to China's export control.[99] On May 7, 2024, ByteDance and TikTok filed a lawsuit in the United States District Court for the District of Columbia to overturn the Protecting Americans from Foreign Adversary Controlled Applications Act.[100][101]

In March 2024, a spokesperson for Ministry of Foreign Affairs of the People's Republic of China said the Protecting Americans from Foreign Adversary Controlled Applications Act was putting the U.S. on "the opposite side of the principle of fair competition and international economic and trade rules."[102] Representatives from the Embassy of China in Washington, D.C. met with U.S. congressional staffers to lobby against the bill.[103] The Central Propaganda Department of the Chinese Communist Party also instructed the country's state media outlets to increase positive coverage of ByteDance. Overall, Beijing's response seems to be muted so far.[104]

Bans and attempted bans in the United States have drawn objections citing hypocrisy, protectionism, and not addressing user data privacy in general. Lawmakers making allegations against TikTok fail to mention that the United States itself surveils non-US nationals under Section 702 of FISA.[105] The types of data collected by TikTok are also collected by other social media platforms and sold through brokers to private buyers and reportedly government agencies as well, without oversight.[105][106] A researcher at Georgia Tech's Internet Governance Project is concerned that Washington's attempt to protect the US market could backfire.[105] Some researchers from the Citizen Lab and the Center for Strategic and International Studies stated that user information in general should be protected, not just focusing on one platform.[106][107] There has been no public evidence of American TikTok user data being accessed by the Chinese government.[108][109][110] Critics have also labeled a potential ban on the app an assault on freedom of speech, including Republican congressmen Rand Paul and Thomas Massie.[111][112]

Content creators described concerns about how they would make their living should a ban take effect.[113] Following the passing of the Protecting Americans from Foreign Adversary Controlled Applications Act, eight TikTok content creators sued the United States government on May 14, 2024, in United States Court of Appeals for the District of Columbia Circuit in an effort to overturn the act; the choice of venue was due to a provision in the act making it the "exclusive jurisdiction" for legal challenges of the act.[114]

2025 shutdown

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Screenshot of an error message displayed on TikTok's mobile app taken on an iPhone. The title reads "Sorry, TikTok isn't available right now." The body text reads, "A law banning TikTok has been enacted in the U.S. Unfortunately, this means that you can't use TikTok for now. We are fortunate that President Trump has indicated that he will work with us on a solution to reinstate TikTok once he takes office. Please stay tuned!" 2 options are available, the left reading "Learn more", and the right reading "Close app."
Message displayed to US users on the TikTok app after the shut down on January 18, 2025

In January 2025, TikTok users began exploring options for a "mass migration" to other apps in the event that TikTok were to be banned. On January 14, many U.S. TikTok users began downloading and switching to the Chinese app Xiaohongshu (or RedNote),[115][116][117] which is similar to Instagram and TikTok, in protest of the ban.[118] The hashtag "#tiktokrefugee" and the term TikTok refugee went viral on RedNote,[119][120] being used by both American and Chinese users.[121][122][123] The app became the most downloaded free app on Apple's App Store,[124][125] and gained millions of U.S. users by January 16.[126][127] REDnote moderators worked overtime to translate content into English and accommodate the influx of new users.[128][129]

On January 18, 2025, at approximately 10:30 p.m. EST, TikTok shut down its services in the United States after ByteDance refused to divest before the deadline of the Protecting Americans from Foreign Adversary Controlled Applications Act.[130] The app was removed from the Apple App Store and Google Play Store for users in the United States, effectively barring them from downloading the application onto mobile devices.[131] Users with the application still installed received an error message informing them that the service is no longer accessible in the US, and users visiting the website were shown a similar error message. Users are able to download their TikTok account data and sign in via the website, although all social functions, such as uploading, watching, commenting, or viewing profiles, are disabled.[132] Similar shutdowns of apps with connections to ByteDance followed, including Marvel Snap, Mobile Legends: Bang Bang, CapCut, Lemon8, and Tokopedia.[133][134]

Hours after the suspension of services took effect, President-elect Donald Trump indicated on Truth Social that he would issue an executive order on the day of his inauguration "to extend the period of time before the law’s prohibitions take effect".[135][136] At 12:00 p.m. EST on January 19, TikTok began restoring service. In a post on X, they stated that Trump provided "assurance to our service providers that they will face no penalties".[137]

See also

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References

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