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TikTok Sues to Block US Law That Could Lead to a Ban of the App

Published: 07 May 2024 at 17:21

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TikTok has filed a lawsuit to prevent a US law that might result in a national ban of the app, arguing it violates the First Amendment rights of its 170 million US users. The legal battle will determine whether US security concerns over TikTok's ties to China can override these rights. If TikTok loses, it may face a ban from US app stores unless its Chinese parent company, ByteDance, sells the app to a non-Chinese entity by 2025. The company denies providing US user data to the Chinese government and claims the law stifles free speech and access to lawful information.

DEEP DIVE


Restrictions on TikTok in the United States (Wikipedia)


In the United States, social media service TikTok has faced many bans and attempted bans due to national security concerns and its ownership by the Chinese company ByteDance. As of June 2023, federal employees and state employees in 34 (out of 50) states are prohibited from using the app on government devices. In May 2023, Montana became the first state to ban TikTok on all personal devices, though this is being challenged in court.

President Joe Biden Signs Bill Potentially Banning TikTok in the U.S.


President Joe Biden signed a bill into law that could ban TikTok in the U.S. unless ByteDance sells its shares to a compliant buyer within 270 days. The ban would impact 170 million monthly active TikTok users, with concerns raised about data privacy and national security due to ByteDance's Chinese ownership. The legislation, linked to a foreign aid package, has bipartisan support but is controversial among the American public, with about half in favor of a ban. The White House and TikTok CEO oppose the ban, emphasizing its impact on users and voices.

Senate Passes Bill Leading to Potential TikTok Ban in the US Unless Sold to American Company


The US Senate passed a bill last week that could result in TikTok being banned from app stores in nine months unless its parent company, ByteDance, sells it to a US corporation. Black creators, who played a significant role in TikTok's growth, expressed concerns about the potential ban impacting them disproportionately due to issues of equal pay and credit on the platform.

These are the countries where TikTok is already banned


TikTok is banned in a handful of countries and not allowed on government-issued devices in a number of others LONDON -- TikTok is in the crosshairs of authorities in the U.S., where new legislation threatens a nationwide ban unless its China -based parent ByteDance divests. It would be the biggest blow yet to the popular video-sharing app, which has faced various restrictions around the world. TikTok is already banned in a handful of countries and from government-issued devices in a number of others, due to official worries that the app poses privacy and cybersecurity concerns.

Majority of Americans Believe China Uses TikTok to Influence Public Opinion


A Reuters/Ipsos poll found that 58% of Americans believe the Chinese government uses TikTok to influence American public opinion, with 13% disagreeing and the rest unsure. Respondents aged 40 and older were more likely to support a ban on TikTok compared to younger respondents, and 46% of Americans think China uses the app to spy on people. President Biden signed legislation giving ByteDance 270 days to divest TikTok's U.S. assets or face a ban, while TikTok claims to have spent $1.5 billion on data security and denies sharing user data with the Chinese government.

Senate passes bill to force TikTok owner to sell app in the US


The US Senate has approved a bill that requires ByteDance, the China-based parent company of TikTok, to sell the popular social media platform within nine months with a possible three-month extension, or face a ban. The bill is part of a $95 billion package providing foreign aid to Ukraine and Israel. TikTok's 170 million US users and content creators may be impacted, and China is likely to oppose the forced sale. Concerns over Chinese data access have fueled the move, despite TikTok's assurances of non-cooperation in data sharing.

Donald Trump–TikTok controversy (Wikipedia)


In 2020, the United States government announced that it was considering banning the Chinese social media platform TikTok upon a request from then-president Donald Trump, who viewed the app as a national security threat. The result was that TikTok owner ByteDance—which initially planned on selling a small portion of TikTok to an American company—agreed to divest TikTok to prevent a ban in the United States and in other countries where restrictions are also being considered due to privacy concerns, which themselves are mostly related to its ownership by a firm based in China.TikTok later announced plans to file legal action challenging the order's transactional prohibitions with U.S. companies. The lawsuit against the Trump Administration's order was filed on August 24, 2020 with TikTok arguing that the order was motivated by Trump's efforts to boost re-election support through protectionist trade policies aimed at China. A separate suit filed the same day by TikTok's U.S. technical program manager Patrick Ryan against Trump and Secretary of Commerce Wilbur Ross sought a temporary restraining order, arguing that his due process rights were violated and the ban was an "unconstitutional taking" of Ryan's property under the Fifth Amendment; the suit also claimed Trump's action was likely a retaliation because of TikTok videos organizing pranks a recent Tramp campaign rally.American technology company Microsoft had previously proposed an idea to acquire TikTok's algorithm and other artificial intelligence technology, but this was declined by ByteDance, as its executives expressed concern that it would likely be opposed by the Chinese government, which in turn had criticized the Trump Administration's order as a "smash and grab" forced sale. On September 13, 2021, ByteDance suggested that it would prefer the shuttering of U.S. operations over such a sale.

Protecting Americans from Foreign Adversary Controlled Applications Act (Wikipedia)


The Protecting Americans from Foreign Adversary Controlled Applications Act, sometimes referred to as the TikTok Ban, is a proposed bill in the United States Congress. Introduced by representative Mike Gallagher and Raja Krishnamoorthi, the bill would make it illegal to facilitate the distribution or servicing of social media applications designated as being controlled by United States foreign adversaries, unless their operations are divested as to not be controlled by a foreign adversary. The bill explicitly targets Chinese internet technology company ByteDance and its video platform TikTok, and also provides for other large social media applications to be targeted under the bill if they are deemed to pose a threat to national security. It was passed by the House of Representatives on March 13, 2024.

TikTok Suspends Rewards Program in Europe Amid EU Investigation


TikTok voluntarily suspends the rewards program in its TikTok Lite app in the European Union following concerns from the European Commission about potential addictive behavior and mental health risks, as mandated by the Digital Services Act. Failure to comply could result in fines of up to 6% of TikTok's global annual revenue. Additionally, TikTok faces challenges in the United States where a potential nationwide ban looms due to new legislation signed by President Biden. Key countries mentioned include the European Union, United States, France, Spain, India, Brazil, and Indonesia.

President Biden Signs Bill Banning TikTok with Potential Buyers Lining Up


President Biden has signed a bill banning TikTok, giving Chinese parent company ByteDance a year to sell its stake in the app in the US. Suitors like Kevin O'Leary and Bobby Kotick are considering purchasing TikTok, but concerns arise over the high valuation and the challenge of replacing the successful algorithms if ByteDance refuses to sell them. TikTok CEO Shou Chew has stated that ByteDance has no plans to divest from the platform. However, questions persist about the resources and ability of potential buyers like O'Leary to complete the acquisition.

Censorship of TikTok (Wikipedia)


Multiple governmental agencies and private businesses have imposed or attempted to impose temporary or indefinite bans on the social media service TikTok due to concerns from the 2020 Nagorno-Karabakh conflict, national security, China's ownership and influence, pornography, human trafficking, children's safety, antisemitism, addictiveness, terrorism and toxic content.

Censorship by TikTok (Wikipedia)


There is evidence that TikTok has down-weighted the posts of topics deemed sensitive by the Chinese government and Chinese Communist Party. Topics alleged to have been censored by the platform include the Uyghur genocide, the 2019–2020 Hong Kong protests, the Sino-Indian border dispute, foreign political leaders, LGBTQ+ people, disabled people, and Black people. TikTok has also removed or omitted information from its services to comply with company policies, legal demands, and government censorship laws. TikTok's responses to claims of censorship have varied, responding that the platform was attempting to protect users from bullying, arguing that certain instances were the result of human error, and stating that such incidents were the result of algorithmic mistakes.

President Joe Biden signs bill giving TikTok 12 months to divest from Chinese owner or face U.S. ban


President Joe Biden signed a bill requiring TikTok to divest from its Chinese owner within a year or risk a U.S. ban. TikTok plans to challenge the law in court, stating that the facts and Constitution support them. The social media platform, valued at $100 billion with its algorithm, is attracting potential buyers. TikTok, owned by ByteDance, disputes its classification as Chinese-owned, highlighting global institutional investors like Susquehanna International Group and Carlyle Group in its ownership structure.

President Biden Signs Foreign Aid Bills Targeting TikTok’s Chinese Owner ByteDance


President Biden signed foreign aid bills that require ByteDance, TikTok's Chinese parent company, to sell its stake in the platform or face a ban in the U.S. TikTok plans to challenge the provision in court, as previous efforts to ban the app were blocked. The bill, a significant piece of technology regulation, is the first to target a popular communication app like TikTok in the U.S. It gives ByteDance 12 months to divest from TikTok to avoid a nationwide ban, offering more time than a previous bill that aimed for divestiture within six months.

ByteDance Prefers Shutting Down TikTok Over Selling it if Legal Options Exhausted - Sources


ByteDance, the owner of TikTok, would rather shut down the app than sell it if all legal options are exhausted to fight U.S. legislation banning the platform from app stores. The company's algorithms are crucial to its operations, making a sale with the algorithms unlikely. Despite TikTok's small share of ByteDance's revenues and users, it may be shut down in the U.S. to avoid selling to an American buyer. ByteDance has stated it has no plans to sell TikTok. CEO Shou Zi Chew believes the company will win a legal challenge against the legislation signed by President Joe Biden.

ByteDance Confirms No Plans to Sell TikTok Despite Ban Threat


ByteDance, the Chinese parent company of TikTok, has officially stated that it has no intentions of selling the social media platform despite rumors of a possible ban in the U.S. This response comes after President Biden signed a bill that could lead to a nationwide ban of TikTok. ByteDance's statement refutes foreign media reports about exploring the sale of TikTok's U.S. business, emphasizing their commitment to retaining TikTok. TikTok's CEO also expressed determination to fight in courts to keep the app accessible in the U.S., its largest market with 170 million users.

US Border Agents Interrogate TikTok Employees Over CCP Ties and Data Access


US Customs and Border Protection agents have interrogated more than 30 ByteDance and TikTok employees traveling from China, questioning them about ties to the Chinese Communist Party and American user data access. The employees are also asked about Project Texas, TikTok's security plan, education, and political connections. This comes after President Biden signed a bill requiring TikTok's removal unless ByteDance divests its US operations. The inquiries mirror questions posed by Sen. Tom Cotton to TikTok's CEO earlier. CBP's scrutiny extends to personal details and data security measures despite TikTok's reassurances about protecting US user data.

TikTok (Wikipedia)


TikTok, whose mainland Chinese counterpart is Douyin (Chinese: 抖音; pinyin: Dǒuyīn: Shaking sound), is a short-form video hosting service owned by ByteDance. It hosts user-submitted videos, which can range in duration from 3 seconds to 10 minutes.Since their launches, TikTok and Douyin have gained global popularity. In October 2020, TikTok surpassed 2 billion mobile downloads worldwide. Cloudflare ranked TikTok the most popular website of 2021, surpassing Google. TikTok's popularity has resulted in the platform having an increasing cultural impact worldwide.The app's privacy practices have come under increased criticism and scrutiny. Countries have also restricted, banned, or attempted to ban the use of TikTok over national security concerns that data could be collected by the Chinese government.

TikTok Allegedly Violates Apple's App Store Rules by Directing Users to Purchase Coins Through External Payment Methods


TikTok is reportedly allowing some users to purchase coins directly from its website, bypassing Apple's 30 percent commission on in-app purchases. This has similarities to the Fortnite incident in 2020, which led to a legal battle with Apple. The feature is only available to select TikTok users, potentially targeting those who buy large quantities of coins. Apple has not taken action yet, but it's likely a violation of their rules. TikTok's massive user base complicates potential repercussions. Spotify also faces challenges with in-app weblinks in the EU due to Apple's App Store practices.

The History and Future of TikTok: From a Chinese Startup to a Global Phenomenon Facing Uncertainty in the US


TikTok, originating from the merger of the Chinese apps Toutiao and Musical.ly, grew into a global trendsetter while also posing national security concerns in the US. President Joe Biden signed legislation mandating ByteDance to sell TikTok to a US owner or shut down within a year. ByteDance, founded by entrepreneur Zhang Yimin, acquired Musical.ly for $1 billion and later merged it with TikTok, navigating both success and legal challenges.

EU Effectively Vanquishes TikTok Lite's Reward Feature and Warns ByteDance of Consequences


The EU has forced ByteDance to suspend TikTok Lite's reward-to-watch feature due to concerns over its addictive nature and impact on children. President Biden signed a bill requiring ByteDance to sell TikTok's US operations or face a ban. EU Commissioner Thierry Breton warned ByteDance about violating the Digital Services Act, with potential fines of up to six percent of global revenues for non-compliance.

TikTok CEO Shou Chew Expected to Attend Met Gala Amid Legal Battle Over Ban


TikTok CEO Shou Chew is set to appear at the Met Gala amidst a legal dispute over a recent 'ban or divest' law passed, which TikTok plans to challenge in court, likely leading to a prolonged legal process. The event offers a platform for Chew, relatively unknown to the public compared to other tech leaders, to shape his image amid accusations of national security risks. Not having made public appearances since the law's passage, Chew's presence at the gala could influence public perception of him and TikTok, with an expectation that red-carpet interactions may focus more on fashion than substantive interviews.

New Rules Tighten Restrictions on Chinese Internet Companies


China has implemented new rules under an expanded State Secrets Law, compelling internet companies like Tencent, ByteDance, and Weibo to monitor and take action against users posting sensitive information. These rules, the first update in over a decade, aim to enhance national security in line with President Xi Jinping's focus. Changes broaden the definition of sensitive information to include "work secrets" and raise concerns in Taiwan. While facing scrutiny in the US, these rules are not primarily targeting Chinese firms' overseas operations.

China hints at retaliation after Biden signs Taiwan aid, TikTok divestment laws


China hinted at retaliatory measures after U.S. President Joe Biden signed legislation for Taiwan's defense and TikTok's Chinese owner divestment. Biden signed a military aid package for Ukraine and Israel, with a bill banning TikTok if ByteDance doesn't divest. China urges the U.S. not to implement the 'negative, China-related' parts of the legislation. Taiwan, backed by the U.S., hailed the new laws to bolster regional security. China criticizes the U.S. for violating the one-China principle and interfering in its sovereignty. China denies interfering in the U.S. election and calls for mutual respect and stability in bilateral relations.

Supreme Court rejects Elon Musk's challenge to Twitter oversight in SEC agreement


The Supreme Court denied Elon Musk's request to contest the requirement for a lawyer to oversee some of his social media posts as part of a settlement with the SEC over misleading tweets about Tesla in 2018. Musk's infamous tweet claiming funding secured to take Tesla private led to stock price fluctuations. Musk argued that the oversight violated his First Amendment rights. Both a US District Court and the 2nd US Circuit Court of Appeals upheld the provision, citing Musk's option to litigate the SEC charges or negotiate a different agreement.

ByteDance (Wikipedia)


ByteDance Ltd. (Chinese: 字节跳动; pinyin: Zìjié Tiàodòng) is a Chinese internet technology company headquartered in Beijing and incorporated in the Cayman Islands.Founded by Zhang Yiming, Liang Rubo and a team of others in 2012, ByteDance developed the video-sharing social networking services and apps TikTok and Chinese-specific counterpart Douyin. The company is also the developer of the news platform Toutiao. As of June 2021, ByteDance hosts 1.9 billion monthly active users across all of its platforms.ByteDance has attracted legislative and media attention in several countries over security, surveillance, and censorship concerns.

Libs of TikTok (Wikipedia)


Libs of TikTok is a handle for various far-right and anti-LGBT social-media accounts operated by Chaya Raichik ( KHAH-yə RY-chik), a former real estate agent. Raichik uses the accounts to repost content created by left-wing and LGBT people on TikTok, and on other social-media platforms, often with hostile, mocking, or derogatory commentary. The accounts promote hate speech and transphobia, and spread false claims, especially relating to medical care of transgender children. The X (formerly Twitter) account, also known by the handle @LibsofTikTok, has nearly 3 million followers as of February 2024 and has become influential among American conservatives and the political right. Libs of TikTok's social-media accounts have received several temporary suspensions and a permanent suspension from TikTok.Some Libs of TikTok posts have resulted in harassment against teachers, medical providers, children's hospitals, libraries, LGBT venues, and educational facilities, several of which having received bomb threats after being featured on a post. Libs of TikTok posts regularly slur LGBT people, as well as those who provide mental-health services to LGBT youth and LGBT sex education to students, as "groomers". Its followers "routinely attack individuals whose content is shared", and several dozen incidents of online or real-life threats and harassment against a range of targets, including 21 bomb threats, have been linked to Libs of TikTok's tweets, especially those where Raichik singles out specific events, locations or people.Raichik created the Twitter account in November 2020, and, after adopting a series of different handles, she changed its name to @LibsofTikTok in April 2021. Later that year, the account began receiving media attention, including from conservative commentators and news outlets. Raichik remained anonymous until her identity was revealed in April 2022 by, separately, software developer Travis Brown and The Washington Post journalist Taylor Lorenz. In August 2022, Libs of TikTok received substantial media attention after falsely claiming that gender-affirming hysterectomies were being provided to minors at the Boston Children's Hospital and at the Children's National Hospital. This resulted in harassment campaigns, including bomb threats, against both hospitals. Libs of TikTok's videos have also been promoted by Russian and European disinformation networks, particularly a Kremlin-backed anti-LGBTQ disinformation campaign.

List of most-followed TikTok accounts (Wikipedia)


This list contains the top 50 accounts by number of followers on the Chinese social media platform TikTok, which was merged with musical.ly in 2018. As of 21 February 2024 the most-followed individual on the platform is Khaby Lame, with over 161.5 million followers. He surpassed the previous most-followed account, Charli D'Amelio, on 22 June 2022.

ByteDance faces pressure to sell US TikTok operations amid growing interest in Clapper as an alternative platform


ByteDance is under pressure to sell its US TikTok operations as the deadline approaches following a bill signed by President Joe Biden. In the absence of TikTok, creators are exploring Clapper, a platform targeting older generations with a focus on community building and friendship through features like the "Nearby" and hashtag connections. Despite similarities to TikTok in functionality, Clapper is yet to attract younger Zoomers, with TikTok still predominantly popular among Gen Zers.

Zhang Yiming (Wikipedia)


Zhang Yiming (Chinese: 张一鸣; born April 1, 1983) is a Chinese internet entrepreneur. He founded ByteDance in 2012, developed the news aggregator Toutiao and the video sharing platform TikTok (Douyin/抖音), formerly known as Musical.ly. As of October 2022, Zhang's personal wealth was estimated at US$55 billion, according to Bloomberg Billionaires Index (US$49.5 billion, according to Forbes), making him the second-richest person in China, after Zhong Shanshan. On November 4, 2021, Zhang stepped down as CEO of ByteDance, completing a leadership handover announced in May 2021.

Shou Zi Chew (Wikipedia)


Shou Zi Chew (Chinese: 周受资, born 1 January 1983), also known as Chew Shou Zi, is a Singaporean businessman and entrepreneur who has served as chief executive officer (CEO) of TikTok since 2021.

Lawsuit Against Meta Platforms Inc Argues for User Control Over Social Media Feeds


A lawsuit filed by the Knight First Amendment Institute at Columbia University against Meta Platforms Inc argues that users should have the right to control their social media feeds by using external tools like a browser extension called Unfollow Everything 2.0, which allows users to unfollow friends, groups, and pages on Facebook. The lawsuit aims to prevent legal action from Meta Platforms after a U.K. developer faced a lawsuit and a Facebook ban for releasing a similar tool in 2021.

TikTok Sues to Block US Law That Could Lead to a Ban of the App TikTok Sues to Block US Law That Could Lead to a Ban of the App TikTok Sues to Block US Law That Could Lead to a Ban of the App TikTok Sues to Block US Law That Could Lead to a Ban of the App TikTok Sues to Block US Law That Could Lead to a Ban of the App TikTok Sues to Block US Law That Could Lead to a Ban of the App

SOURCES

Business Insider

TikTok is taking the US to court to stop its ban

Business Insider

CBS News

TikTok sues Biden administration to block new law that could lead to U.S. ban

CBS News

NY Post

TikTok, ByteDance sue Biden admin in bid to block US law seeking sale or ban of app

NY Post

Washington Post

TikTok files court challenge to U.S. law that could lead to ban

Washington Post

ABC News

TikTok sues the US over attempts to force its Chinese parent to sell the social media platform, citing First Amendment

ABC News

ABC News

TikTok sues US to block law that could ban the social media platform

ABC News

ABC News

TikTok sues the US over attempts to force its Chinese parent to sell the social media platform, citing First Amendment

ABC News

ABC News

TikTok sues US to block law that could ban the social media platform

ABC News

Yahoo! News

TikTok is suing the US government to stop its app being banned

Yahoo! News

Yahoo! News

TikTok sues US government: Lawsuit alleges forced ban or sale violates First Amendment

Yahoo! News

Yahoo! News

TikTok, ByteDance sue to block US law seeking sale or ban of app

Yahoo! News

Daily Mail

TikTok sues Biden administration over law forcing ban

Laura Parnaby

TechCrunch

TikTok sues the US government over law that could ban the app

Aisha Malik

The Verge

TikTok sues the US government over ban

The Verge

AP News

TikTok sues US to block law that could ban the social media platform

https://apnews.com/author/haleluya-hadero

NBC

TikTok sues U.S. government, saying potential ban violates First Amendment

NBC

NPR

TikTok challenges U.S. ban in court, calling it unconstitutional

NPR

BBC News

TikTok sues to block US law which could ban app

https://www.facebook.com/bbcnews

CNN

TikTok sues to block prospective US app ban | CNN Business

Brian Fung

Wikipedia

Restrictions on TikTok in the United States

Wikipedia

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President Joe Biden Signs Bill Potentially Banning TikTok in the U.S.

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Senate Passes Bill Leading to Potential TikTok Ban in the US Unless Sold to American Company

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These are the countries where TikTok is already banned

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Majority of Americans Believe China Uses TikTok to Influence Public Opinion

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Senate passes bill to force TikTok owner to sell app in the US

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Wikipedia

Donald Trump–TikTok controversy

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Wikipedia

Protecting Americans from Foreign Adversary Controlled Applications Act

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TikTok Suspends Rewards Program in Europe Amid EU Investigation

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President Biden Signs Bill Banning TikTok with Potential Buyers Lining Up

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Wikipedia

Censorship of TikTok

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Wikipedia

Censorship by TikTok

Wikipedia

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President Joe Biden signs bill giving TikTok 12 months to divest from Chinese owner or face U.S. ban

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President Biden Signs Foreign Aid Bills Targeting TikTok’s Chinese Owner ByteDance

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ByteDance Prefers Shutting Down TikTok Over Selling it if Legal Options Exhausted - Sources

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ByteDance Confirms No Plans to Sell TikTok Despite Ban Threat

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US Border Agents Interrogate TikTok Employees Over CCP Ties and Data Access

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Wikipedia

TikTok

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TikTok Allegedly Violates Apple's App Store Rules by Directing Users to Purchase Coins Through External Payment Methods

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The History and Future of TikTok: From a Chinese Startup to a Global Phenomenon Facing Uncertainty in the US

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EU Effectively Vanquishes TikTok Lite's Reward Feature and Warns ByteDance of Consequences

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TikTok CEO Shou Chew Expected to Attend Met Gala Amid Legal Battle Over Ban

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New Rules Tighten Restrictions on Chinese Internet Companies

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China hints at retaliation after Biden signs Taiwan aid, TikTok divestment laws

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Supreme Court rejects Elon Musk's challenge to Twitter oversight in SEC agreement

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Wikipedia

ByteDance

Wikipedia

Wikipedia

Libs of TikTok

Wikipedia

Wikipedia

List of most-followed TikTok accounts

Wikipedia

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ByteDance faces pressure to sell US TikTok operations amid growing interest in Clapper as an alternative platform

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Wikipedia

Zhang Yiming

Wikipedia

Wikipedia

Shou Zi Chew

Wikipedia

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Lawsuit Against Meta Platforms Inc Argues for User Control Over Social Media Feeds

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