Title page
Contents
Summary 2
Background 5
TikTok's Functionality, Users, and Business Operations 5
What is TikTok? 5
How many users does TikTok claim to currently have? 5
How did TikTok become so popular? 5
Who owns TikTok? 6
Who owns ByteDance and where is it located? 6
What is ByteDance's relationship to the People's Republic of China (PRC)? 6
Is TikTok available in China? 7
National Security and Data Privacy Concerns 7
Is ByteDance a PRC company? 7
Does the government of the People's Republic of China (PRC) exercise control over ByteDance? 8
What laws and regulations in China could influence ByteDance operations? 9
Does ByteDance share user data with the government of the People's Republic of China (PRC)? 10
Where does TikTok store user data? 10
How does TikTok moderate content and recommend content? 11
Efforts to Regulate TikTok 11
What actions has the executive branch taken to address alleged national security risks TikTok poses? 11
What are the details of the Committee on Foreign Investment in the United States (CFIUS) investigation of the ByteDance acquisition of musical.ly? 11
What actions followed the 2019 Committee on Foreign Investment in the United States (CFIUS) investigation of the ByteDance acquisition of musical.ly? 12
What actions did the U.S. government take under International Emergency Economic Powers Act (IEEPA) authorities? 12
Have the actions the U.S. government took under International Emergency Economic Powers Act (IEEPA) authorities been challenged in court? 13
What legislation has Congress introduced to regulate TikTok? 13
What are the main elements of H.R. 7521, the Protecting Americans from Foreign Adversary Controlled Applications Act? 14
Who could be penalized under H.R. 7521 and what penalties could be imposed? 16
Would H.R. 7521 force any ByteDance or TikTok owners to divest from either company? 16
If enacted, how could H.R. 7521 be challenged in court? 17
What actions have been taken at the state level to regulate TikTok? 17
Have TikTok or other entities challenged any state actions to regulate TikTok in court? 18
Are foreign governments regulating TikTok? 19
Implications of a Potential Ban or Divestiture of TikTok 19
How might a divestiture of TikTok work? 19
Are there potential buyers for TikTok if it was for sale? 20
How would a prohibition on entities facilitating the provision or the sale of TikTok affect other social media platforms? 21
Which online service providers would be affected by prohibiting the distribution, maintenance, or updating of TikTok in the United States? 21
Would U.S. users still be able to access TikTok content under the current language in H.R. 7521 prohibiting the distribution, maintenance, or updating of... 22
What First Amendment considerations might be raised by government regulation of TikTok? 23
How might the Bill of Attainder Clause apply to legislation that names TikTok? 24
What Takings Clause considerations might be raised by future legislation that regulates TikTok? 25
What Due Process considerations might be raised by government regulation of TikTok? 27
What is Project Texas? 28
Could a ban, divestiture, sale or other efforts to regulate TikTok have broader policy implications for digital trade? 29
Further Reading 30
Co-Authors and Contributors 30
Author Information 31
Disclaimer 31