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Following Congress’ approval for a TikTok ban, a multitude of steps must still be taken before it is implemented, meaning it could take several years before it comes into effect. An order from the President would be the initial spark for the respective ban process, but what follows is a long chain of regulatory and legal checks and procedures.
The move came amid escalating tensions between the United States and China, with the former concerned about the potential risks to national security that apps like TikTok – owned by Beijing-based ByteDance – pose, particularly due to data privacy concerns. The threat to impose a ban on TikTok emanates from fears that the platform might be transferring private data of U.S. citizens to the Chinese government, an action that would compromise their privacy and national security. However, TikTok has continuously denied these allegations.
A ban served on TikTok would require several mechanisms into action. Following the issuance of the executive order, several institutions including the US Department of Commerce and the U.S. Federal Communications Commission (FCC) would be brought into play. It is these institutions that determine whether the ban is in the best interest of the country’s national security and its citizens. These bodies conduct extensive reviews and analyses of the order before making their decision.
In addition to these evaluations, their decision can be challenged in the courts, a process that could potentially stretch over several years. Legal battles in U.S. courts could result in alterations or potential overturns to the order. This facet of the process must not be forgotten; it is not an immediate ban mechanism, rather a comprehensive scrutiny that is programmed to ensure both the safety and rights of U.S. citizens.
The Department of Defense and the US Cybersecurity Infrastructure Security Agency also plays a crucial role, assessing the potential impact on military and infrastructure security of such a ban. These agencies, in their assessment, will take a hard look at U.S.-China relations and existing cyber threats.
Simultaneously, the corporate sector does not remain idle either. In recent times, it has become common for tech companies to leverage legal power in opposition to such governmental decisions. Legal battles on part of these corporations can further elongate the process and complicate the implementation of the ban.
Furthermore, international trade agreements may also impede the progress of the ban. The U.S. needs to ensure that the implementation of the TikTok ban doesn’t violate any international trade agreements it is signatory to, which could potentially lead to financial and diplomatic consequences on a global level.
In conclusion, the ban process on TikTok is a convoluted and protracted one, involving several significant players and factors. Despite Congress’s approval, before implementation, the ban must be reviewed by numerous departments, potentially challenged in court, meet the requirements of international trade agreements, and confront mega-corporations. Consequently, it could still be years before the ban on TikTok takes full effect.