TikTok divest-or-ban law signed
April 24, 2024
President Joe Biden signed the Protecting Americans from Foreign Adversary Controlled Applications Act, enacted as Division H of H.R. 815, an emergency supplemental appropriations act that became Public Law 118-50. The law gives ByteDance 270 days to divest TikTok’s U.S. operations or face a nationwide prohibition from U.S. app stores and hosting services.
Key provisions
- Requires the President to designate foreign adversary-controlled applications that pose national security risks.
- Orders divestment of TikTok’s U.S. assets from ByteDance unless the company wins an extension by demonstrating substantial progress toward a sale.
- Authorizes enforcement through app store and web hosting bans should divestment fail.
Political and legal reactions
- TikTok CEO Shou Zi Chew said the company would challenge the law in court, arguing it violates the First Amendment rights of creators and users.
- Lawmakers who backed the package framed the measure as necessary to prevent Chinese government influence over Americans’ data and content feeds.
- Digital rights and civil liberties groups warned the law could set a precedent for banning social media platforms and urged Congress to pursue broader data privacy legislation instead.
Subsequent developments
- TikTok and a group of creators challenged the law. On January 17, 2025, the Supreme Court issued a per curiam opinion in TikTok Inc. v. Garland holding that the Act’s application to TikTok did not violate the First Amendment, and the divestiture requirement took effect as written.