Congress this fortnight did the thing it has threatened for years: it passed a law forcing TikTok's Chinese parent to sell the app or have it banned from American phones, and the president signed it. The stated reason is national security, that the Chinese government could use TikTok to harvest Americans' data and to shape what 170 million Americans see. I want to say something that will please neither side of this argument, because I think both the fear and the fix are being misunderstood, and the misunderstanding is instructive about how governments deal with technology they find frightening and do not fully grasp.
Start with the fear, because the fear is not stupid. A social platform used by half the country, whose recommendation algorithm decides what those people watch for hours a day, is genuinely a lever of enormous power, and it is reasonable to be uneasy that the lever sits, ultimately, under a government that is a strategic rival and that compels its companies to cooperate with the state. That is a real concern. But notice what the concern actually is: it is about data harvesting and about algorithmic influence. And now look at the remedy, forcing a change of ownership, and ask whether it addresses the concern, and the honest answer is: barely, and only for one company.
Because here is what the ban does not touch. It does not stop the data harvesting, which every other app also does; American data brokers will happily sell a foreign government most of what it wants, legally, tomorrow, because the United States has no serious privacy law to prevent it. It does not address algorithmic influence in general; it addresses one Chinese-owned app while leaving the structural reality, that a handful of opaque recommendation engines shape what an entire population believes, entirely intact, merely under different ownership. If the fear is that an opaque algorithm controlled by an unaccountable power shapes what Americans see, that fear is satisfied by every large platform, and the fix of changing TikTok's owner is like responding to a house fire by repainting one wall. It targets the one actor everyone agrees to be scared of, and calls it a solution to a problem that is general.
This is the pattern I keep seeing in how governments engage technology: they identify a real risk, personify it in a single frightening company, and then pass a law aimed at the company rather than the risk, because the company is a target you can hit and the risk is a structural condition you would have to do hard, unglamorous, bipartisan work to actually address. The real answer to the TikTok fear is a serious privacy law that stops anyone, foreign or domestic, from hoovering up and trading Americans' data, plus genuine transparency requirements for the recommendation algorithms that shape public belief. Both would apply to everyone and keep no single villain out. Neither is as satisfying as banning the app your rival owns. So we got the ban, which is easy and specific and mostly theatre, instead of the law, which is hard and general and would actually work. Watch what happens: even if TikTok sells, the thing everyone was afraid of, the data trade, the opaque algorithm shaping a nation, will be exactly where it was, under new management. We will have hit the target and missed the point.