Why a broad US TikTok ban is unlikely to take effect soon

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Why a broad US TikTok ban is unlikely to take effect soon
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TikTok is likely to challenge any attempt to ban the app. theSun theSundaily USA TikTok China TrumpIndictment nationalsecurity

WASHINGTON, DC - MARCH 22: A supporter holds up a sign that read"Keep TikTok" during a news conference on TikTok in front of the U.S. Capitol on March 22, 2023 in Washington, DC. TikTok CEO Shou Zi Chew will testify before the House Energy and Commerce Committee tomorrow on whether the video-sharing app is safeguarding user data on the platform.

It is unclear how the Biden administration might implement such a ban, if it chose to move forward with a plan, but if history is any guide, a prohibition is unlikely to take effect any time soon. Here is why:Citing national security concerns, then-President Donald Trump told reporters he planned to ban TikTok in July 2020, threatening to shut it down if it could not be sold by its Chinese owner Bytedance to a US buyer.

But Trump’s attempt to block TikTok with an executive order derived its power from the International Emergency Economic Powers Act. That act exempts the import or export of “informational materials,” and “personal communication” through the Berman Amendment, which sought to protect speech. Meanwhile, the executive order forcing a divestment remains mired in negotiations between TikTok and the Biden administration over a potential national security agreement that could resolve the concerns prompting the ordered sale.Washington lawmakers have also launched two separate bills aimed at allowing the president to ban apps like TikTok on grounds they pose a risk to US national security.

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