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Trump’s reported plans to save TikTok may violate SCOTUS-backed law

Jan 27, 2025 - arstechnica.com
The article discusses Donald Trump's efforts to facilitate a deal to save TikTok, focusing on a potential merger between TikTok and Perplexity AI, a San Francisco-based AI search company. The proposed merger, reviewed by CNBC, suggests that the US government could own up to 50% of the new entity formed by TikTok US and Perplexity AI, without granting voting power or board seats. ByteDance, TikTok's parent company, is resistant to selling TikTok, especially its recommendation algorithm, but the merger would allow ByteDance to maintain a minority stake. The deal would require ByteDance to allow full US board control, ensuring the app doesn't become state-controlled.

The article also touches on Oracle's rumored involvement in the negotiations, which Trump denied. The divest-or-ban law, formally known as the Protecting Americans from Foreign Adversary Controlled Applications Act, requires TikTok to either sell its US operations or face a ban. However, ByteDance believes there's an alternative to keep TikTok in the US without a sale. The law's definition of "qualified divestiture" is crucial, as it requires the app to no longer be controlled by a foreign adversary and blocks foreign interference. The article highlights the ongoing debate over ByteDance's control of TikTok's algorithm and the potential for a new national security agreement similar to the previously proposed "Project Texas."

Key takeaways:

  • Perplexity AI proposed a merger with TikTok to create a new entity, potentially allowing the US government to own up to 50% of the company after an IPO.
  • ByteDance is resistant to selling TikTok, especially its recommendation algorithm, but the proposed deal would allow them to maintain a minority stake.
  • Trump denied Oracle's involvement in TikTok negotiations, despite reports suggesting Oracle could monitor TikTok's operations.
  • The divest-or-ban law requires TikTok's US operations to be sold or banned, and it's unclear if Trump's plan would comply with this law.
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