Senators Say China's ByteDance Needs More Time to Sell TikTok

Sens. Edward Markey, D-Mass., and Rand Paul, R-Ky., urged the Biden administration Dec. 19 to give China’s ByteDance more time to comply with the law that requires the company to divest TikTok by Jan. 19 or face a U.S. ban on the popular social media application.

In a letter to President Joe Biden, who signed the Protecting Americans from Foreign Adversary Controlled Applications Act in April (see 2404240043), the lawmakers call for exercising the law’s one-time, 90-day extension option. They said ByteDance has not had enough time to find a buyer for the app, which, by one estimate, could sell for over $100 billion (see 2403150042).

The senators noted that TikTok’s legal challenge of the law is still working its way through the courts. While the U.S. Court of Appeals for the D.C. Circuit upheld the law Dec. 6 (see 2412060035), the U.S. Supreme Court agreed Dec. 18 to hear the case (see 2412180031), and it has scheduled oral argument for Jan. 10.

“As a practical matter, even if the [Supreme] Court rules that the law is constitutional by the January deadline, ByteDance cannot divest TikTok in that limited time,” the senators told Biden. “Consequently, absent a judicial injunction, decision overturning the law, or action by you, TikTok will soon be banned in the United States, causing its creators and users serious hardship.” The White House didno’t respond to a request for comment.

TikTok has argued that separating its U.S. platform from its sites in other countries isn’t feasible and that the ban violates several constitutional provisions, including the First Amendment’s freedom of speech protection (see 2405070049). Proponents of the sell-or-ban law have said the Chinese government can use the app to spread anti-U.S. propaganda and gain access to U.S. users’ personal information.