In a significant move amidst growing debates over digital privacy and foreign interference, Senators Edward J. Markey (D-Mass.), Ron Wyden (D-Ore.), Cory Booker (D-N.J.), and Representative Ro Khanna (CA-17) introduced legislation titled the “Extend the TikTok Deadline Act.” The bill proposes to delay the impending deadline for the sale of TikTok by an additional 270 days.
The bill, submitted to the Senate and referred to a committee, seeks to amend the “Protecting Americans from Foreign Adversary Controlled Applications Act.” Under the existing law, TikTok is required to sever ties with its China-based parent company, ByteDance, or face a ban in the United States. This legislative action aims to prevent what the senators describe as a “rushed decision” that does not account for the extensive reach and impact of TikTok on various aspects of American life.
“The TikTok ban was rushed through without sufficient consideration of the profound consequences it would have on the 170 million Americans who use the platform,” said Senator Markey. “Today, TikTok is a space where users share critical resources during emergencies such as the Los Angeles wildfires, earn money to cover groceries and medical care, and build community in challenging times. The Extend the TikTok Deadline Act is a straightforward, one-sentence bill designed to give Congress the time needed to fully assess the implications of this ban. I urge my colleagues to act swiftly on this legislation.”
The Supreme Court heard arguements on whether the federal statute mandating TikTok to sever ties with its parent company ByteDance or face a ban contravenes the First Amendment. The court has yet to rule on this matter.
Justices did hear, though, from senators Rand Paul (R-Ky.), and Congressman Ro Khanna (CA-17) who submitted a bipartisan, bicameral amicus brief urging the U.S. Supreme Court to reverse the D.C. Circuit Court’s decision in TikTok Inc. v. Garland, which upheld the TikTok ban established under the Protecting Americans from Foreign Adversary Controlled Applications Act. In the brief, Senators Markey and Paul and Representative Khanna argued that the TikTok ban lacks evidence and directly conflicts with the First Amendment, undermining the rights of over 170 million Americans who use the platform. On December 19, Senators Markey and Paul sent a letter to President Joe Biden urging him to provide TikTok owner ByteDance with a 90-day extension to either sell TikTok or face the ban.
“The First Amendment is not a privilege that can be revoked; it is a guarantee that prohibits the government from violating the pre-existing individual right to free speech and constitutionally protected speech must be upheld in all circumstances,” said Dr. Paul. “Banning TikTok jeopardizes constitutional liberties and establishes a concerning precedent for silencing platforms that millions depend on for expression and connection.”
Unless lawmakers, the President or Supreme Court make a change to the impending law, TikTok plans to shut down on Sunday. ByteDance has 7,000 employees in the United States and the company says those employees will continue to have jobs.
FTC Scrutiny on Data Practices of U.S. Tech Giants
The way ByteDance gathers data from users is not unique. In Sept. 2024 the FTC released a report criticizing the data practices of major U.S. tech companies.
Large social media and video streaming companies, including names like Amazon’s Twitch, Meta Platforms (formerly Facebook), YouTube, X Corp. (formerly Twitter), Snap, ByteDance’s TikTok, Discord, Reddit, and WhatsApp, have been engaging in extensive surveillance of users. This surveillance involves monetizing vast amounts of personal data while failing to provide adequate online protections, particularly for children and teens.
While the TikTok ban does not address how data is captured by large social media companies, it does worry that ByteDance’s ownership in China is a national security risk.
TikTok, the popular short-form video app, is owned by the Chinese company ByteDance. While unavailable in China, TikTok boasts a global presence with users in over 150 countries. Its popularity, particularly among American content creators, surged during the COVID-19 pandemic as people turned to the platform for connection, entertainment, and information. TikTok’s success is largely attributed to its unique algorithm that curates a personalized, addictive stream of short videos.
However, this global reach has sparked concerns among officials in the U.S. and other countries. They fear the Chinese government could exploit TikTok to access user data, including sensitive information like location and browsing history. Furthermore, U.S. authorities worry that China could leverage TikTok’s massive user base of 170 million Americans to spread misinformation and propaganda.
Still, apps like “RedNote” are available on app stores, and have gained millions of accounts as creators look to find a new avenue that is not related to Meta or X. The targeted ban has left some to question if the forced sell could be to benefit some United States billionaires rather than to protect national security.
Rising Popularity of Alternatives as TikTok’s Fate Hangs in Balance
As the TikTok ban looms, users are exploring alternative platforms. Notably, Xiaohongshu,known as RedNote in the U.S., has seen a surge in downloads, becoming a popular haven for TikTok enthusiasts seeking similar content without the political overhang. Xiaohongshu is the alternative to TikTok in China that is available on China’s censored internet environment.
While many Tik Tok users have flocked to RedNote, making it the No. 1 app on Apple and Google Play, users have both poked fun at the United State’s ban and found common ground in a multitude of cultures.
Whether or not RedNote is a viable option for US users should they lose access to TikTok remains to be seen. Yet, Americans appear to be seeking alternatives to platforms managed by Meta and X. Although Twitter (now X) and Facebook began moderating misinformation on their platforms as early as 2018, the current leadership of both companies is reducing their focus on content moderation. This has left some people feeling trapped on these platforms while others are closing their accounts to share their lives somewhere else.
In 2019, Jack Dorsey, Twitter’s former CEO, launched Bluesky. Over the past month, the platform has seen a surge in its user base, gaining nearly 10 million new users and now boasts just under 28 million total users. Jay Graber is the current CEO of Bluesky.
TikTok users are anxiously awaiting the release of Neptune, which is currently in beta-testing. The “Neptune app” should be a social media platform designed to offer a more community-centric experience than traditional social networks. It prioritizes quality content creation over mere follower metrics and features a customizable algorithm that lets users tailor their feeds. The app emphasizes building authentic relationships between creators and their audiences.
Waiting for a platform to build will take time, though. TikTok has tried to push users to its sister company Lemon8, another app owned by ByteDance, in recent days. Users can login with their TikTok account to experience a platform that is like Pinterest, Instagram and TikTok. Like RedNote, Lemon8 could also be banned in the United States because of its parent ownership.
Other current alternatives include Clapper, a Dallas-based company that looks to connect with Gen X and Millenial users. With short videos, live options and other features that create community, Clapper has grown to about 300,000 daily and 2 million monthly active users.
Twitch has become a popular destination for those who appreciate TikTok’s live feature. This live-streaming platform enables users to broadcast and view content in real-time, catering to a wide range of interests including video games, music, art, cooking, and more. Twitch boasts approximately 35 million daily active users and typically sees over 2.5 million viewers streaming content simultaneously at peak times.
Those disillusioned with Meta (Facebook and Instagram) are flocking to Pixelfed, a decentralized social network putting control back in the hands of its users. This open-source platform offers a refreshing alternative to Instagram, with ad-free browsing, chronological feeds, and a focus on privacy. Built on the ActivityPub protocol, Pixelfed allows users to join existing communities or even host their own, giving them true ownership over their data and online experience.
Moving Forward
Whether or not last-minute efforts by lawmakers to extend the TikTok ban deadline succeed, the discussion around digital privacy and foreign interference in social media will continue to shape policy and public opinion. As the landscape evolves, it’s clear that the resolution of TikTok’s situation will set important precedents for how technology is managed on a national and global scale, influencing future legislative decisions and potentially reshaping the digital ecosystem.
