New Threat Looms Over Chinese Social Media Apps in the US
A recent surge in popularity of alternative social media platforms, such as Lemon8 and RedNote, has caught the attention of lawmakers and legal experts. These Chinese apps, often referred to as “TikTok refugees,” have seen a significant increase in users as concerns over a potential TikTok ban grow.
The PAFACA Law: A Broad Scope
The Protecting Americans from Foreign Adversary Controlled Applications Act (PAFACA) is set to be ruled on by the US Supreme Court, which could lead to TikTok’s ban in the US if its owner, ByteDance, doesn’t divest by January 19. However, experts warn that the law’s scope is broad and could ensnare other Chinese social media apps, including Lemon8 and RedNote.
Legal Experts Weigh In
Tobin Marcus, head of US policy and politics at Wolfe Research, notes that Chinese social media apps could end up being banned under this law. “If the TikTok ban is upheld, it will be unlikely that the law will allow potential replacements to originate from China without some form of divestiture,” he says.
The Wording of the Legislation
The PAFACA law prohibits distributing, maintaining, or providing internet hosting services to any “foreign adversary controlled application.” This includes apps connected to ByteDance or TikTok, or social media companies controlled by a “foreign adversary” that pose a significant threat to national security. The wording is “quite expansive,” giving the incoming president room to decide which entities constitute a significant threat.
Increased Regulatory Action
Xiaomeng Lu, Director of Geo-technology at Eurasia Group, expects Chinese apps in the US to continue to face increased regulatory action moving forward. “The TikTok case has set a new precedent for Chinese apps to get targeted and potentially shut down,” she says. Other Chinese apps, such as Temu and Shein, may also be impacted by increased scrutiny this year.
The Fate of TikTok
The fate of TikTok rests with the Supreme Court, which will rule on the platform’s suit against the US government. Regardless of the outcome, the law could still be applied to other companies, according to Cornell Law Professor Gautam Hans. The law’s defined purview is broad enough to be applied to a variety of Chinese apps deemed to be a national security threat.
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