The United States threatens to ban it and an EU commissioner compares the application to the addictive potential of cigarettes. Will things get difficult for the popular platform?
US President Joe Biden poses for a selfie with US Representative Terri Sewell Photo: Shawn Thew/Reuters
Is the popular US video app Tiktok disappearing?
In the US, a law has come into force that aims to force the change of ownership of the short video application Tiktok. US President Joe Biden signed it on Wednesday. In the previous days, first the House of Representatives and then the Senate had approved the project. The law gives China-based Bytedance, owner of the popular short video platform Tiktok, nine months to sell the app's U.S. business to a player in the United States. The period can be extended by 3 months if there is already a sales process underway. If this deadline is passed, Tiktok will be banned from the Google and Apple app stores in the US.
However, even if Bytedance is unwilling to sell, the ban will not take effect immediately after the 9-month period has expired. Because the case will probably end up in court and the process can drag on for years. It also seems that the nine-month period has already been chosen so that the debate on the future of the platform does not come to a critical point in the current US election campaign. The elections will take place in November and the deadline will not expire until next year.
What objectives does the United States pursue with this?
Tiktok has around 170 million users in the United States and more than 1 billion worldwide. The new law focuses on two points: The first is the protection of the data of American users. Matthias Kettemann, research group leader at the Humboldt Institute for Internet and Society and professor of Innovation Law at the University of Innsbruck, believes in an interview with Wochentaz that this is not true; After all, the US doesn't even have its own data. protection law. China can also legally purchase personal data of US citizens from data traders. US apps and services also collect extensive user data and create, for example, movement profiles.
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The second argument: Tiktok is a threat to national security. “For years, allowing the Chinese Communist Party to control one of America's most popular apps was dangerously short-sighted,” said Sen. Marco Rubio, the top Republican on the Intelligence Committee. However, expert Kettemann is skeptical whether the national security threat argument will hold up in court. The US Congress did not provide any relevant evidence in the legislative process. Kettemann's assessment: “The Supreme Court will probably declare the law unconstitutional if, as expected, Tiktok defends itself against it.”
Civil rights activists suspect that the real reason for the new law is geopolitics and propaganda during the election campaign. “We are deeply disappointed that our politicians are once again trying to trade our First Amendment rights for cheap political points in an election year,” Jenna Leventoff of the ACLU civil rights group told Reuters.
What does Tiktok say?
Tiktok repeatedly contradicts the accusations. The company's head, Shou Zi Chew, called the law unconstitutional and announced that Tiktok would go to court. A look at the US state of Montana shows that the legal measures will probably have at least a suspensive effect: there the competent court has granted an injunction against the ban.
What would happen if it were banned?
The app would only disappear from US app stores, not users' phones. Since app stores can no longer offer updates, the app will become increasingly insecure and unusable. In theory, there are other ways to obtain software that is not allowed to be distributed in your own country: your location can be hidden using a VPN connection, or you can use a foreign SIM card.
But all of these methods require additional effort, which certainly not all users would or could do. And whether they work remains to be seen. Therefore, users would be more likely to switch to other platforms. It could be, for example, Instagram or YouTube, which already offer short video formats or are creating a new platform.
If there is a fire sale or ban, what would that mean for users in Europe?
The contractual partner and supplier for users in Europe is no longer Tiktok USA, but Tiktok Ireland. The expert Kettemann assumes that nothing would change in terms of use in this country. However, in the US, a sale would probably make the platform much less attractive, since the algorithms that suggest videos to users would hardly be included in the sales package.
Would a forced sale in the EU also be conceivable?
The instrument most similar to a mandatory sale in the EU is the Digital Markets Act (DMA), the law on digital markets. This allows dismantling as a last resort. However, the company in question must first have a dominant position in the market, and softer means are unlikely to lead to the goal of breaking it up.
Expert Kettemann believes that for Tiktok the Digital Services Act (DSA), the EU law on digital services, is more important. This does not provide for a breakup, but rather fines if companies do not meet their legal obligations. Unlike services like Telegram or
Is Tiktok also considered a problem in the EU?
Concern about possible espionage is also widespread in Europe. Tiktok can no longer be installed or used on EU Commission work mobile phones. And the same applies to Chancellor Olaf Scholz, who recently opened a Tiktok channel: Use a separate phone!
There are currently two proceedings against Tiktok in the EU based on the DSA. The first refers to possible violations in the protection of minors, transparency in the management of advertising and access to data for science. In the second procedure, which takes only a few days, the EU Commission has its sights set on a feature of the Tiktok Lite application. This offers a kind of bonus program in which users are rewarded with digital currencies if, for example, they watch videos or invite other users to the platform.
According to the newspaper The world Consuming one hour of videos produces digital coins worth 36 cents. In an FAQ on the topic, Tiktok explains that users must be at least 18 years old to participate in the program. Digital currencies can be exchanged for vouchers for online retailers. “We suspect that Tiktok 'Lite' could be as toxic and addictive as 'light' cigarettes,” said Internal Market Commissioner Thierry Breton. After the EU Commission initiated the procedure and set a deadline, Tiktok reacted and, according to its own information, suspended the controversial feature for the time being.