Alan Rosenstein, a law professor at the University of Minnesota Law School and senior editor at Lawfare, dives into the complicated landscape surrounding TikTok as Donald Trump seeks to maneuver through a potential U.S. ban. The discussion reveals Trump’s limited options and the intertwining of TikTok's fate with broader U.S. foreign policy. Rosenstein highlights national security debates, the implications of a Supreme Court ruling, and the intriguing migration of users to the Chinese app Red Note amidst the ongoing controversies.
President Trump faces limited options to address TikTok's ban, balancing legal ramifications for companies like Apple and Oracle.
The Supreme Court's unanimous ruling on TikTok underscores the importance of data privacy in national security assessments regarding foreign ownership.
Deep dives
Trump's Options for TikTok
President Trump has several options to address the existing ban on TikTok as he takes office. He can choose not to enforce the ban, but this would still leave companies like Apple and Oracle in a precarious legal position due to the substantial fines they risk under the ban. Alternatively, Trump could attempt to declare a divestment of TikTok from its Chinese owners, although such a move would be controversial and potentially illegal since no actual divestment has occurred. His administration may also explore delaying the ban if TikTok can demonstrate a genuine pursuit of a sale, which complicates the situation further for all parties involved.
Congressional Challenges to TikTok's Future
The political landscape surrounding TikTok's ban is fraught with challenges and skepticism among lawmakers. Although some Democrats suggested possibilities for legislative reversals, skepticism remains about sufficient bipartisan support given the overwhelming consensus that led to the ban's passage in the first place. If Congress were to reconsider the ban, it could undermine their previous stance on national security concerns, making them appear insincere or opportunistic. The ongoing indecision reflects broader concerns over policy conviction, particularly in light of strong public sentiment against TikTok’s ban among its extensive user base.
Implications of the Supreme Court Ruling
The Supreme Court recently upheld the ban on TikTok, which was significant not only for the company but also for the broader implications it has on tech policy and national security. The 9-0 ruling emphasized data privacy as a critical concern, suggesting that TikTok's Chinese ownership could expose users to risks. However, the ruling leaves many unanswered questions about how future cases involving technology and foreign ownership will be handled. As other Chinese apps, like Red Note, gain popularity, the legal framework established by this ruling may have lasting effects on how similar national security assessments are conducted.
Donald Trump officially becomes president today and he’s pledged to save TikTok upon taking office. The app is now technically banned in the U.S., though after much turmoil this weekend, users can still log into their accounts. Trump said he not only wants to delay the ban, but work out a deal that would make the U.S. a partial owner in TikTok. On POLITICO Tech, law professor and former DOJ attorney Alan Rozenshtein returns to break down what could happen next in this saga.