Ramhith Akurati
Associate Editor
Loyola University Chicago School of Law, JD 2026
In recent years, TikTok has become a dominant force in the social media landscape, boasting over a billion users globally. However, its meteoric rise has been accompanied by mounting scrutiny, particularly in the United States. Concerns over national security, data privacy, and foreign influence have led to calls for restrictions, bans, and legislative action. As these debates unfold, it is essential to examine the legal, regulatory, and practical dimensions of the TikTok controversy and consider the path forward.
National security and data privacy concerns
At the heart of the TikTok debate lies its ownership by ByteDance, a Chinese company. Critics argue that TikTok’s ties to China pose significant risks, including the potential for user data to be accessed by the Chinese government under its national security laws. These fears have been amplified by reports of TikTok tracking user data and allegations of censorship that align with the Chinese government’s interests.
In 2020, the Trump administration issued executive orders seeking to ban TikTok, citing these security concerns. While legal challenges stalled the implementation, the Biden administration continued the scrutiny, issuing a broader executive order to assess risks posed by foreign-owned apps. Additionally, several states enacted bans on TikTok on government devices, underscoring bipartisan concerns.
The January 2025 ban and the subsequent extension
The TikTok saga reached a critical juncture on January 18, 2025, when a federal ban on the app took effect in the United States. This action followed the Supreme Court’s ruling in TikTok, Inc. v. Garland, which upheld legislation requiring ByteDance to divest its interest in TikTok or face a ban, citing national security concerns. The decision highlighted the increasing willingness of the judiciary to uphold government actions targeting foreign-owned technology platforms deemed security risks.
In response to the ban, TikTok temporarily ceased its services in the U.S., affecting approximately 170 million users. Shortly after this, President Donald Trump, returning to office in 2025, signed an executive order delaying the enforcement of the ban by 75 days. This extension aimed to provide additional time for ByteDance and U.S. regulators to negotiate potential solutions, such as divestment or implementing robust data protection measures.
President Trump’s decision to extend the deadline reflects a strategic approach to the TikTok issue. While acknowledging the app’s popularity and its role in American social media culture, the administration continues to emphasize the need for addressing security risks associated with foreign ownership. The extension also underscores the complexities of balancing national security concerns with economic and social considerations.
Legal and regulatory challenges
Efforts to ban TikTok face significant legal and constitutional hurdles. A nationwide ban would likely conflict with the First Amendment, as courts have previously ruled that access to social media platforms is a form of protected speech. Additionally, questions arise under the Administrative Procedure Act (APA) regarding whether the federal government can act without sufficient evidence or due process.
In December 2024, Congress passed the Protecting Americans from Foreign Adversary Controlled Applications Act, which provided a legislative framework for addressing security risks posed by foreign-owned technology platforms. The Act granted the federal government expanded authority to investigate, regulate, or ban such platforms if deemed a national security threat. This law formed the basis for the Supreme Court’s decision to uphold TikTok’s ban, emphasizing the importance of safeguarding U.S. user data and mitigating potential foreign influence.
On the regulatory front, the Committee on Foreign Investment in the United States (CFIUS) has played a central role. CFIUS has the authority to investigate and mitigate risks posed by foreign investments, including ByteDance’s acquisition of Musical.ly, which formed the foundation for TikTok’s U.S. presence. Negotiations between TikTok and CFIUS have focused on divestment or restructuring, but no resolution has been reached.
The path forward
Given the legal complexities and widespread use of TikTok, outright bans are unlikely to be a sustainable solution. Instead, policymakers and stakeholders should explore alternative approaches that balance security concerns with the need for innovation and free expression.
One potential approach involves enhancing data protections through federal privacy legislation. Clear regulations mandating transparency in data handling and storage practices would build trust and safeguard user rights. By implementing robust privacy laws, the government could address many concerns surrounding foreign-owned technology platforms like TikTok.
Another solution lies in encouraging structural changes within TikTok. ByteDance could be required to divest its U.S. operations to an American company, ensuring that TikTok’s ownership aligns with national security priorities. Alternatively, creating a firewall to separate U.S. user data from access by Chinese entities could mitigate risks while allowing the platform to continue operating in the United States.
International cooperation also plays a critical role in addressing the challenges posed by foreign-owned technologies. By working with allied nations to establish global standards for data privacy and cybersecurity, countries can create a unified front against potential threats. Collaborative efforts would enable nations to share resources and intelligence, strengthening collective defenses against vulnerabilities.
Finally, continuous oversight is essential to maintaining accountability. Strengthening the role of CFIUS and requiring regular audits of TikTok’s data practices would ensure compliance with U.S. regulations. This proactive approach would allow for ongoing monitoring and prompt intervention if new risks emerge, striking a balance between innovation and security.