Can The U.S. Ban Tiktok Here S What Would Happen If They Tried

Questions have been raised on how this could be done and what roadblocks may prevent the U.S. from being able to do this, however.

Speaking to media outlets last week, Carr explained why he did not believe TikTok should continue to operate in the U.S.

“I don’t believe there is a path forward for anything other than a ban,” Carr said according to an Axios report.

He also cited recent revelations about how TikTok and ByteDance handles U.S. user data. He warned there should be concern about data from U.S. companies flowing back to China.

He added:" [There isn’t] a world in which you could come up with sufficient protection on the data that you could have sufficient confidence that it’s not finding its way back into the hands of the [Chinese Communist Party.]

Speaking to CNN last week Tuesday he added that there is “little confidence there’s a path forward.”

“Perhaps the deal the CFIUS (Committee on Foreign Investment in the United States) ends up cutting is an amazing, airtight deal, but at this point I have a very, very difficult time look at TikTok’s conduct thinking we’re going to cut a technical construct that they’re not going to find a way around.”

Moves by Apple and Google

In June, Carr also called on Apple and Google to remove TikTok from their app stores. This followed on from a Buzz Feed News report that said leaked audio from TikTok meetings showed U.S. user data had been repeatedly accessed from China.

Despite the calls for TikTok to be banned, a recent Tech Crunch report highlighted why this is unlikely to happen, and how it would prove to be difficult to enforce.

“It would be tremendously unpopular. The disaffected-youth vote is supremely important right now, and any President, Senator, or Representative who supports such a ban would be given extreme side-eye by the youth,” the report said.

Implementing a Ban

One of the other roadblocks that would likely occur is how would a ban be implemented.

The FCC would have no jurisdiction on the matter. Even with a supposed national security threat, the Pentagon again would have no international jurisdiction, according to the report.

Both Apple and Google can’t be forced to by Congress as they are protected by the First Amendment.

“An executive order won’t do it [as it’s too broad] and no judge will do it [as there is no plausible case],” the report added.

In addition to these reasons, an attempt at a ban would quickly become a messy, drawn out contested legal battle with no guarantees of success, according to Tech Crunch. The report went on to suggest rather than a ban, the U.S. should focus on making it difficult for TikTok to operate in the country.

Adjusting the Regulatory Landscape

Regarding Carr’s comments, a TikTok spokesperson gave a statement to Axios and said: “Commissioner Carr has no role in the confidential discussions with the U.S. government related to TikTok, and appears to be expressing views independent of his role as an FCC commissioner.”

Reflecting on the Tech Crunch report, UCL Department of Science and Technology studies associate professor Jean-Baptiste Gouyon spoke to Newsweek about the possibility of TikTok being banned.

“I agree with the point made by the author of the article you reference that modifying the regulatory landscape would be the most potent alternative to a straight ban in terms of political cost.

“I don’t think the US would ‘struggle’ if they wanted to ban TikTok. However, this seems to be a simplistic approach to a complex issue, which neglects to recognise that communication is about power, as much as it is about transfer of information.”

He continued: “First, controlling means of communication is about controlling which definitions and representations are visible in the public debate. Those in positions of power have a vested interest in ensuring that their representations and definitions are more visible than others.

Misinformation, Fake News and Anxiety

“Second, misinformation and fake news can be understood not as a means to deceive others, but as a coping mechanism to make sense of an increasingly complicated world.

“Note that TikTok is mostly successful with the younger generation, which is also known for heightened levels of anxiety. Some groups may feel that as the world becomes increasingly globalized, technocratic, corporate, their values, beliefs, etc, are being steamrolled and they try and fight against that.”

Professor Gouyon concluded by saying: “Banning apps and access to platforms is what authoritarian regimes do. If the US were to engage down this road, where would it stop?”

Newsweek has contacted TikTok for comment.