Saving Tiktok While Protecting National Security
Summary
This executive order addresses national security concerns related to TikTok by mandating a "qualified divestiture" of its U.S. operations. It follows the Protecting Americans from Foreign Adversary Controlled Applications Act, which raised concerns about foreign control of the platform. The order outlines a framework for TikTok's U.S. operations to be managed by a U.S.-based joint venture, majority-owned and controlled by U.S. persons, aiming to mitigate national security risks while allowing Americans to continue using the app.
Expected Effects
The primary effect will be the restructuring of TikTok's U.S. operations under a new joint venture controlled by U.S. entities. This aims to alleviate national security concerns by ensuring data security and algorithm control within the U.S. legal framework. The Attorney General is directed to delay enforcement of the Act to facilitate the divestiture and issue guidance to implement the order.
Potential Benefits
- Continued Access to TikTok: Millions of Americans can continue using TikTok.
- National Security Protection: Addresses concerns about foreign access to user data and influence.
- Economic Benefits: American content creators and businesses can continue to use the platform for their livelihoods and advertising.
- Data Security: Requires U.S. user data to be stored in a cloud environment run by an American company.
- Algorithm Monitoring: U.S. trusted security partners will monitor software updates, algorithms, and data flows.
Potential Disadvantages
- Potential for Circumvention: The effectiveness of the divestiture depends on strict enforcement and monitoring to prevent circumvention by foreign entities.
- Complexity of Implementation: The interagency process and negotiations with outside parties could face challenges and delays.
- Legal Challenges: The order could face legal challenges from ByteDance or other parties.
- User Privacy Concerns: Despite the safeguards, some users may still have concerns about data privacy and security.
- Limited Scope: The order primarily addresses TikTok and may not cover other similar applications.
Constitutional Alignment
The executive order cites the President's authority under the Constitution and laws of the United States. It references the Protecting Americans from Foreign Adversary Controlled Applications Act (Public Law 118-50, Div. H), indicating congressional authorization for the action. The order's focus on national security aligns with the government's responsibility to provide for the common defense, as outlined in the Preamble of the Constitution.
Impact Assessment: Things You Care About ⓘ
This action has been evaluated across 19 key areas that matter to you. Scores range from 1 (highly disadvantageous) to 5 (highly beneficial).