It has become commonplace to lament that the US government no longer does big, bold things. But banning TikTok, a social media platform used by about half of Americans, would definitely be a big, bold move.
That outcome became more likely yesterday, even if it is far from certain. The Supreme Court unanimously upheld a bill passed by Congress last year to force ByteDance, the Chinese company that owns TikTok, to sell. If ByteDance refuses, as Chinese authorities have previously claimed, the app will no longer be available for download or updates in the U.S. as early as tomorrow.
The possibility of a ban on a large media platform like TikTok is almost unprecedented. It would cause inconvenience and cost to millions of Americans. Many people will have to change their daily habits, and some may even lose business opportunities.
But there are also major downsides to giving Chinese companies, and by extension the Chinese government, control of U.S. communications platforms and vast amounts of Americans’ personal data. Congress and the Supreme Court have decided that the risks are great enough to justify disruption. This is a sign of intensifying competition between the US and China for global influence.
bipartisan concern
The audacity and bipartisan nature of the TikTok law would not have been all that unusual decades ago. The history of the United States includes many stories based at least in part against foreign adversaries, such as the space program, the interstate highway system, investment in scientific research after Sputnik, and industrial mobilization during World War II. There are many ambitious projects.
Forcing TikTok to sell or shutting it down clearly would not reach the scale of those projects. Still, it is far-reaching in its own way. This is a big enough change that many Americans find it hard to believe that the federal government would implement it. And that’s about to happen because a wide range of policymakers have decided that the alternative is not acceptable.
During oral arguments before the Supreme Court last week, Republican-appointed Justice Brett Kavanaugh argued that China could use TikTok’s extensive data collection to “disorient people, intimidate people, or a generation from now. There is a possibility that it will be used by people who may be.” They work for the FBI, the CIA, or the State Department. ” Judge Ketanji Brown Jackson, a Democratic appointee, also voiced concerns about the possibility of espionage. “This is about data management,” said Justice Sonya Sotomayor, also a Democratic appointee.
TikTok maintains that the Chinese government is unlikely to force it to hand over sensitive information such as users’ contact information. However, as the justices noted in their ruling, this argument appears to be inconsistent with recent history. China “has engaged in extensive and long-standing efforts to amass structured data sets, particularly on U.S. persons, to support intelligence and counterintelligence operations,” the ruling said.
Votes in Congress also showed deep bipartisan concern. The bill passed 360-58 in the House and 78-18 in the Senate. In addition to data security, lawmakers were concerned that China could use TikTok to spread misinformation and propaganda. Independent research shows the platform is already doing so, making it difficult to find videos sympathetic to Taiwan, Tibet, Ukraine and other causes that the Chinese Communist Party is hostile to.
what’s next
The biggest question now is what the next Trump administration will do. When Donald Trump was previously president, he helped launch a crackdown on TikTok, calling it a national security risk. He has since changed his position for reasons that are unclear. A TikTok investor and Republican donor appears to have lobbied President Trump shortly before he opposed the ban. He is also popular on the app.
The Biden administration announced yesterday that the ban would not go into effect for a short period of time (36 hours) after it takes effect until President Trump takes office. President Trump is reportedly considering an executive order to delay the ban while his administration attempts to help negotiate a sale to a non-Chinese owner. The Chinese government has insisted that it does not allow ByteDance to sell TikTok. The Chinese government clearly considers TikTok too valuable.
The consequences of the coming weeks remain far-reaching and could include closure, sale, or maintaining the status quo combined with continued legal battles.
Let’s take a closer look at the decision. To understand the Supreme Court’s reasoning, I recommend Adam Liptak’s article.
immigration
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cultural calendar
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This week’s recipe
Croque monsieur breakfast casserole
A three-day weekend is the perfect excuse to invite people over for a long, leisurely brunch. Preferably, a brunch focuses on dishes that can be made almost entirely in advance. Sarah Copeland’s Croque Monsieur Breakfast Casserole It’s exactly what it sounds like, a golden custard beauty filled with sliced baguette, ham and a melty cap of Gruyère cheese. It only takes 15 minutes to assemble everything in a baking dish and can easily be completed the night before. Sip your morning coffee while the casserole bakes, and let the toasty, buttery aroma warm your guests as they arrive.
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The Hunt: After the single mother got out of prison, she looked for a home in Tennessee where she could rebuild her life. Which one did she choose? Please play our game.
Advice from a wire cutter
Let’s bring back the wooden spoon
Wooden spoons are a great alternative to plastic spoons. But they are finicky. They are not dishwasher compatible, tend to warp, and can get dirty if not properly cared for. Fortunately, it’s easy to restore wooden spoons to their original shine. Once it starts to dry, apply food grade mineral oil and leave it overnight. Next, use a paper towel to rub a dime-sized amount of beeswax over the entire surface. This locks in moisture and helps keep the wood in top condition. A well-hydrated spoon should last for years, or even a lifetime. — Maki Yazawa
this week’s game
Notre Dame vs. Ohio State, College Football Championship: Notre Dame and Ohio State have the best defenses in the nation in terms of points allowed, and each is tuned to thwart the other’s offense. Ohio State is good against runs. Notre Dame is perfect for pass protection. The outcome may depend on which star breaks through, Notre Dame’s speedy running back Jeremiah Love or Ohio State’s freshman wide receiver Jeremiah Smith. Monday, 7:30 p.m. ET on ESPN
