At the beginning of 2023, the prospect of banning TikTok in the United States appeared imminent. A series of legislative actions against the popular short-form video app gained momentum, including state-level bans on government devices and restrictions on campus wifi. However, what seemed like an impending federal ban on TikTok has now dwindled, making 2023 the year Congress seemingly forgot to take action against the app.
The anti-TikTok movement gained traction due to concerns about its China-based parent company, ByteDance, potentially collecting sensitive user data and adhering to Chinese censorship demands. With tensions high between the US and China, attacking TikTok became politically expedient for lawmakers. Despite legislative efforts, including bills aimed at banning the app and demands from committees like the Committee on Foreign Investment in the United States, none of these measures reached a vote.
In March, CEO Shou Zi Chew faced intense questioning before Congress, and by April, a federal ban seemed likely, backed by the White House. However, as the year progressed, the momentum waned, and by December, the US Senate commerce committee confirmed it would not address TikTok-related legislation before year-end.
One significant factor contributing to the decline of the TikTok ban movement was a court decision in Montana, where a judge blocked a statewide ban on TikTok. The decision, indicating a violation of constitutional rights, sent a strong message against broad app bans. TikTok welcomed the ruling, emphasizing its commitment to user expression and community building.
The legal and constitutional challenges highlighted by the Montana case further underscored the impracticality of a nationwide ban on an app. Free speech advocates, including the Electronic Frontier Foundation (EFF), emphasized the need for precise regulation to avoid overbroad restrictions.
While some analysts believe that banning TikTok in 2024, an election year, is unlikely due to the app's popularity among young voters, discussions around the ban have prompted calls for comprehensive privacy legislation. Lawmakers, who raised concerns about data collection by foreign entities, faced criticism for not addressing similar issues with domestic companies.