March 23, 2023

Factbox: Why a broad US TikTok ban is unlikely to take effect soon

Source: Reuters

"Banning the app - or any like it - would likely still be challenged under the First Amendment. It's important to keep in mind the Berman Amendment under IEEPA is a proxy for the First Amendment. Even if it's sidestepped, greater legal questions remain," said John Costello, who oversaw the creation of the office at the Commerce Department to examine certain foreign technology for national security threats.

Meanwhile, the executive order forcing a divestment remains mired in negotiations between TikTok and the Biden administration over a potential national security agreement that could resolve the concerns prompting the ordered sale.

Read the full story and more from Reuters.

Authors

  • John Costello

    Adjunct Senior Fellow, Technology and National Security Program

    John Costello is an Adjunct Senior Fellow with the Technology and National Security Program at the Center for a New American Security. His research focuses on information and ...