Restricting TikTok (Part I): Legal History and Background (CRS Report for Congress)
| Release Date |
Revised Sept. 28, 2023 |
| Report Number |
LSB10940 |
| Report Type |
Legal Sidebar |
| Authors |
Stephen P. Mulligan |
| Source Agency |
Congressional Research Service |
| Older Revisions |
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Summary:
The video-sharing platform TikTok has experienced a dramatic rise in users in the United States in recent
years, while at the same time some Members of Congress and Biden Administration officials have
described the application (app) as a national security threat. During the Trump Administration, concerns
about TikTok’s data security and connections to the People’s Republic of China (PRC) led to the attempt
to restrict the app’s U.S. operations. In decisions that inform the current legislative debate, two federal
district courts concluded that aspects of the restrictions were unlawful because they exceeded the
President’s statutory authority. Other elements of the Trump Administration’s efforts have been continued
by the Biden Administration and are ongoing. This Sidebar discusses these past executive-branch-led
efforts. A companion Sidebar examines current legislative proposals to restrict TikTok and constitutional
and other legal considerations for Congress to consider when crafting legislation. Other CRS products
discuss legal challenges to Montana’s ban of the app and policy options to address related data privacy
and national security concerns posed by TikTok.
