TikTok framework falls short of divestiture mandate, critics warn

Washington — The White House has presented a framework for TikTok that critics say does not meet a 2024 congressional mandate to force a sale to American owners or trigger a ban, raising questions about how to prevent the platform from serving as a tool for Beijing.

In 2020, the Committee on Foreign Investment in the United States concluded TikTok operates as spyware disguised as entertainment and propaganda masked as news. Congress subsequently passed bipartisan legislation requiring divestiture or an outright ban if a sale to a U.S. owner could not be completed, a measure later upheld by the conservative-leaning Supreme Court. The administration argues the framework fits within that mandate while offering a path short of a full sale.

The framework would let ByteDance retain a board seat while leasing its algorithm to a group of American investors. Proponents contend the approach preserves national security while maintaining access to the platform for U.S. users, and the plan would rely on a licensing arrangement rather than a full ownership transfer. The administration has highlighted Oracle's role in inspecting the algorithm as a key safeguard.

Critics say licensing is not ownership and monitoring is not control. They warn that Beijing could still alter the algorithm from abroad, keeping the Chinese Communist Party's influence over what American audiences see. The fear is that the CCP would preserve one of its most powerful tools for shaping public opinion in the United States, including during a crisis such as a potential conflict with Taiwan.

The debate also centers on content governance. The notes describe episodes in which TikTok has circulated antisemitic propaganda after terror attacks and celebrated political violence, while content critical of China has been suppressed. Officials say the platform's information ecosystem matters, and opponents argue the framework would still leave ample room for Beijing to manipulate feeds by remote means, undermining the premise of a fully independent U.S.-led solution.

Beyond content manipulation, observers warn that Beijing's continued influence over TikTok's algorithm could complicate any crisis response. A war over Taiwan could see Beijing flood U.S. feeds with pro-CCP messaging, sowing confusion, or pressuring Americans to stay out of any potential intervention.

Legally and politically, the measure has revived long-running questions about the scope of congressional authority. Supporters of a hard divestiture argue that any framework that permits minority ownership or algorithm leases falls short of the law and amounts to a workaround. Critics contend that the government is seeking a pragmatic compromise rather than a full legal obligation of divestiture, a distinction with real national-security implications.

As the debate unfolds, lawmakers and national-security experts caution that any TikTok arrangement will be judged not only on formal compliance with statute but on the perceived ability of the United States to thwart foreign influence in digital platforms. The case has implications for broader tensions over technology, data security, and the global competition with China in areas ranging from artificial intelligence to semiconductors.

The public dialogue over TikTok's future is unlikely to be resolved quickly. The administration says it remains committed to a security-first approach, while lawmakers on both sides of the aisle press for verifiable divestiture or an outright ban if needed. In the meantime, TikTok remains a popular, controversial fixture of American online life, a platform whose governance sits at the intersection of technology, national security, and global politics.