Carrie Cordero, a national security attorney and senior fellow at the Center for a New American Security, dives into the legal fight surrounding TikTok. She discusses a recent federal court ruling that could force TikTok's parent company, ByteDance, to divest due to national security concerns. Cordero examines the tension between First Amendment rights and security issues, the future of the app amidst potential Supreme Court challenges, and the broader implications for U.S.-China tech relations.
The federal appeals court's ruling emphasizes national security concerns, allowing the government to force ByteDance to divest TikTok amidst worries of Chinese influence.
The decision raises significant questions about transparency in government actions and the potential for a broader strategy against foreign tech companies operating in the U.S.
Deep dives
Court Ruling on TikTok's Future
A federal appeals court upheld the government's authority to either force TikTok's owner, ByteDance, to sell the app or shut it down due to national security concerns. The court found the government's arguments regarding TikTok's potential to endanger U.S. citizens and data compelling enough to override First Amendment claims presented by TikTok and other free speech advocates. This decision marks a significant endorsement of the government's national security viewpoint, reflecting a longstanding judicial deference to executive interpretations in similar cases. The ruling's focus on a specific law passed by Congress indicates its tailored approach and the unique implications TikTok has as a widely used communications platform.
Concerns and Evidence in the Court's Decision
The court accepted the government's national security rationale, specifically the concern that TikTok could serve as a conduit for Chinese government influence, although public evidence to support these claims has not been disclosed. Their determination relied heavily on classified information presented to Congress, which contributed to the swift passage of the law aimed at TikTok's divestment. Questions remain regarding whether the government has effectively justified its arguments for the law given that details of the classified briefings have not been made public. This creates a tension between the need for transparency in democratic processes and the government's reliance on undisclosed evidence in national security matters.
Implications for U.S.-China Tech Relations
The broader implications of the ruling point to a potential shift in how the U.S. government handles tech companies with ties to foreign adversaries, closely aligning with concerns about U.S.-China relations. The approach taken against TikTok raises questions about the sustainability of using similar strategies for other foreign-based companies, which could lead to more blanket bans. This behavior parallels tactics used by authoritarian regimes, sparking debates about maintaining values rooted in a free and open society. Observers are left pondering whether this precedent might guide future legislation in a rapidly evolving landscape of international tech competition.
The government’s plan to potentially ban TikTok next month is still on schedule, at least for now. A federal appeals court ruled on Friday that Congress can legally force its parent company, ByteDance, to either sell the app or be shut down because of concerns about its ties to China. On POLITICO Tech, national security attorney Carrie Cordero from the Center for a New American Security joins host Steven Overly to parse through the ruling, and discuss what comes next as TikTok looks to the Supreme Court and President-elect Donald Trump returns to the White House.