Why Trump Saving TikTok Isn’t So Legally Simple

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Why Trump Saving TikTok Isn’t So Legally Simple

The saga of TikTok’s potential ban in the United States has been one of the most discussed and legally complex stories in recent years. Former U.S. President Donald Trump’s attempts to curb the app’s growth, citing national security concerns, sparked a series of legal battles and discussions surrounding data privacy, international relations, and corporate control. Trump’s interest in “saving” TikTok, or rather, his desire to make the app comply with U.S. law, often collided with complicated legal frameworks. The process is not so straightforward, and there are several legal hurdles that make Trump’s efforts to “save” TikTok a far more intricate matter than it might seem.

The National Security Concerns

At the heart of Trump’s efforts to target TikTok was the concern that its parent company, ByteDance, was based in China, which led to fears over the potential for the Chinese government to access user data collected by the app. The U.S. government raised national security alarms, asserting that TikTok could be used as a tool for espionage, a concern exacerbated by growing tensions between the U.S. and China during Trump’s presidency.

The Trump administration took the stance that TikTok posed a threat to American data security, citing the broad powers that the Chinese government can wield over companies operating within its borders. The U.S. attempted to force ByteDance to sell its U.S. operations to an American company, citing the International Emergency Economic Powers Act (IEEPA). This law allows the president to take action against foreign companies or countries that pose a national security risk. However, the legal argument that TikTok posed such a risk was never definitively proven, and the matter was left to the courts to resolve.

Legal Challenges to the Ban

Trump’s efforts to compel TikTok to sell its U.S. operations ran into significant legal challenges. In 2020, Trump issued an executive order attempting to ban TikTok unless ByteDance sold its U.S. operations to an American company, such as Microsoft or Oracle. However, this order was immediately met with resistance. TikTok filed lawsuits claiming that the executive order violated constitutional rights, including due process and free speech protections.

One of the key legal arguments made by TikTok in challenging the ban was the lack of due process. The app contended that it was being unfairly targeted based on broad national security concerns without being given a fair opportunity to respond or to challenge the claims in court. In addition, the lack of clear evidence connecting TikTok’s data practices with actual national security threats made the case even murkier.

Furthermore, the ban raised serious First Amendment concerns. TikTok argued that the government’s attempts to ban the app amounted to censorship, infringing on users’ freedom of speech and expression. This was particularly notable given the app’s widespread popularity and its role as a platform for millions of Americans to express themselves creatively and politically.

International Trade and Diplomacy Considerations

Apart from the legal hurdles on the domestic front, Trump’s efforts also had international ramifications. The issue of TikTok’s fate was caught up in the broader context of U.S.-China relations. TikTok’s potential ban or forced sale was not only a matter of national security but also a diplomatic issue. China viewed the U.S. actions as an unwarranted attempt to undermine a successful Chinese business and interfere in the global marketplace.

In fact, the Chinese government made it clear that it would not allow TikTok’s forced sale under the terms proposed by the U.S. The Chinese government passed laws that restricted the export of key algorithms and technologies used by TikTok, further complicating the matter. Forcing ByteDance to sell its American operations would not be as simple as just finding a willing U.S. buyer; it would also require negotiating with Chinese authorities, who were not prepared to let go of an important asset without any concessions.

The Role of the Courts

Perhaps the most significant legal obstacle in Trump’s campaign to “save” TikTok was the role of the courts. The legal process that followed the executive orders was slow and filled with uncertainty. Several lawsuits were filed in federal courts, and various legal rulings temporarily blocked the Trump administration’s attempts to ban or force the sale of TikTok.

The courts found that there was insufficient evidence to justify an immediate national security risk. Furthermore, several judges noted that Trump’s executive orders were overly broad and lacked specific details or clear guidelines. This legal back-and-forth ultimately pushed the matter into the hands of incoming President Joe Biden, who decided to review the situation further instead of immediately enforcing the Trump administration’s directives.

The Biden Administration’s Approach

When President Biden took office in January 2021, the issue of TikTok remained unresolved. However, the Biden administration did not immediately follow Trump’s lead in pushing for a ban or forced sale. Instead, Biden tasked the Committee on Foreign Investment in the United States (CFIUS) to conduct a broader review of TikTok’s operations and data security practices. This move suggested a more cautious, measured approach to dealing with TikTok, signaling that the issue might not be as simple as the Trump administration initially made it seem.

Conclusion

In hindsight, Trump’s efforts to save TikTok and force it to comply with U.S. demands were far from legally simple. Legal, diplomatic, and constitutional issues complicated the matter at every turn. TikTok’s fate was not merely a matter of national security but also raised complex questions about free speech, international trade, and corporate control. The legal battles that ensued not only underscored the limitations of executive power but also highlighted the deep interconnectedness of global politics and technology in the 21st century. As we look ahead, it seems that TikTok’s future in the U.S. will continue to be a subject of legal debate, shaped by both American law and international diplomacy.