How the US ban on TikTok would actually work

The law states that it will be illegal for entities to distribute, maintain or update the application, including its source code, or provide services that allow it to continue functioning as it currently is. Such distribution, maintenance or updates may be done, by law, through mobile application stores accessible in the United States or by providing Internet hosting services.

The law deliberately avoided saying it was illegal to have the app on your phone, says Milton Mueller, professor and co-founder of the Internet Governance Project at the Georgia Institute of Technology, who filed a brief amicus to the Supreme Court to oppose this decision. the ban. Their attempt is to say that no one new can download it from the Apple or Google stores, and no one can update it through those stores, says Mueller. There's nothing in the law that says TikTok you have to block US users, which again is interesting.

If TikTok is removed from the Apple App Store and Google Play Store in the United States, it will not be possible to directly install new updates that will add new features, fix bugs in the code or will close security vulnerabilities. Over time, this means that TikTok will stop working properly. Apple did not respond to WIRED's request for comment, while Google declined to comment on what it would do if the law takes effect.

The laws also aim to prevent hosting companies from providing services to TikTok and the definition is quite broad. Hosting companies can include file hosting, domain name server hosting, cloud hosting, and virtual private server hosting, depending on the law. Since summer 2022, as TikTok faced pressure over its Chinese ownership, the company has hosted US user data within Oracle's cloud services. Oracle also did not respond to WIRED's request for comment.

However, other systems such as content delivery networks, advertising networks, payment providers, etc. are used as part of the TikTok infrastructure. The law does not specifically mention these services, but different legal readings could lead one to question whether they contribute to the maintenance or distribution of the fully functional TikTok service.

Hall says a recent test of the TikToks website showed 185 domains embedded on the page. They pull code, content from a range of third-party providers as well as their own domains, he says. Applications will begin to degrade and rot as services stop working, such as content delivery networks or services that feel like they cannot take the risks associated with the ambiguous nature of the language or its potential application by the new administration.

There is one player in Internet infrastructure that the ban does not specifically put pressure on: Internet service providers. Countries like Russia and China have developed censorship measures that allow them to prevent entire websites from being accessed through web browsers. Mueller believes this omission by US lawmakers was likely deliberate, as it avoids setting up a Chinese-style internet firewall. They knew that an ISP-based blocking and filtering system would obviously be a form of First Amendment restriction, he says.

Avoiding a TikTok ban

Although the TikTok service in the United States will likely deteriorate over time, there remain potential ways to circumvent any ban, both for individuals and potentially also for the company itself. The effectiveness of these measures likely depends on how motivated people are to continue using TikTok and what the company decides to do.

TikTok has 170 million users, says Alan Rozenshtein, an associate professor of law at the University of Minnesota, who favors the law but says it is the best in a series of bad TikTok-related options. This law will not prevent each of them from accessing TikTok. I don't think that was ever the purpose of the law. The law aims to make access to TikTok significantly more difficult.

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