TikTok gets 15-day extension on forced sale as legend with Trump continues

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The Trump administration has actually put a target on TikTok.

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TikTok and its 100 million United States users can breathe another sigh of relief. On Thursday, TikTok moms and dad business ByteDance got an additional 15 days to offer the short-form video app’s United States operations. TikTok likewise dealt with a prospective United States restriction, however federal judges have actually obstructed that from occurring.

In August, President Donald Trump released an executive order that needed ByteDance to offer its United States operations by Thursday, Nov. 12. TikTok then requested for a 30-day extension from the Committee on Foreign Investment in the United States, which examines foreign acquisitions for nationwide security threats. The committee pressed back the due date by 15 days to Nov. 27, according to a court filing Friday.

ByteDance has actually struck an initial handle software application business Oracle and retail giant Walmart, however the arrangement still requires to be settled. There’s likewise been confusion about the regards to the offer, consisting of the quantity of control each business will have more than TikTok and whether the plan will please nationwide security issues. 

Meanwhile, TikTok states the Trump administration hasn’t provided the business feedback on the options it proposed to deal with the federal government’s issues, although TikTok states those issues are unneeded. The Treasury Department, which houses the CFIUS, states it’s been clear with ByteDance about the required actions. The silence from the Trump administration, and a looming due date, triggered TikTok to lawfully challenge the order on Tuesday. The White House decreased to comment.

A forced sale wasn’t the only risk TikTok dealt with from the Trump administration. Trump likewise released another executive order, which would’ve been implemented by the Commerce Department, that disallows any United States deals with ByteDance since of issues the information TikTok gathers might “allow the Chinese Communist Party access to Americans’ personal and proprietary information.” Federal judges in Washington and Pennsylvania have actually obstructed the restriction.

The Commerce Department verified Thursday that it would not impose a TikTok restriction as the Trump administration appeals the courts’ choices. That implies Americans can still download and utilize TikTok in the meantime.

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What’s in the deal between TikTok, Oracle and Walmart?

Oracle and Walmart would get a combined 20% stake in a new company called TikTok Global, which is expected to go public in the next year. Four of the five members on TikTok Global’s board of directors will be American.

Oracle will host all US user data on its cloud platform and be tasked with “securing associated computer systems,” TikTok said in a statement.

“We are a hundred percent confident in our ability to deliver a highly secure environment to TikTok and ensure data privacy to TikTok’s American users, and users throughout the world,” Oracle CEO Safra Catz said in a statement.

TikTok Global also plans to create 25,000 US jobs as part of an expansion of its global headquarters, which will remain in the US. TikTok Global will pay more than $5 billion in new tax dollars to the US Treasury, according to Walmart. It will also create an educational program to “develop and deliver an AI-driven online video curriculum” that includes courses in math, reading, science, history and computer engineering for children.

Does that mean ByteDance owns 80% of TikTok Global?

There’s confusion over how big a role ByteDance would play in TikTok Global. ByteDance says that it will have an 80% stake in TikTok Global before the new company goes public. 

But Ken Glueck, Oracle executive vice president, said in a statement that “upon creation of TikTok Global, Oracle/Walmart will make their investment and the TikTok Global shares will be distributed to their owners, Americans will be the majority and ByteDance will have no ownership in TikTok Global.”

A person familiar with the deal told The Wall Street Journal that ByteDance wouldn’t technically be an owner of TikTok Global because the shares would be given to ByteDance investors. About 40% of ByteDance is owned by US venture capital firms. 

Meanwhile, a group of Republican US lawmakers has urged Trump to reject the deal if ByteDance still has control over TikTok’s US operations, data and algorithms. Trump has signaled that he wouldn’t approve a deal if Walmart and Oracle didn’t have most of the control over TikTok Global.

“They are going to own the controlling interest. Everything is going to be moved into a cloud done by Oracle … and it’s going to be totally controlled by Oracle,” he told Fox News. “If we find that they don’t have total control, then we’re not going to approve the deal.”

Why does Walmart want a stake in TikTok?

TikTok has been experimenting with e-commerce features. Last year, the company started allowing some users to add links to e-commerce sites so people can buy products that are shown in videos. 

Walmart said it will “bring its omnichannel retail capabilities including its Walmart.com assortment, eCommerce marketplace, fulfillment, payment and measurement-as-a-service advertising service” to TikTok.

Does the Chinese government approve of the TikTok-Oracle deal?

China reportedly objected to a forced sale of TikTok’s US operations but the current deal structure isn’t a full divestment. Still, there are signs that Beijing isn’t fully comfortable with the proposal. 

“Based on what I know, Beijing won’t approve current agreement between ByteDance, TikTok’s parent company, and Oracle, Walmart, because the agreement would endanger China’s national security, interests and dignity,” tweeted Hu Xijin, editor-in-chief of the Global Times. The tabloid is backed by China’s Communist Party. 

In August, China issued new restrictions on artificial intelligence technology exports, a move that delayed the TikTok deal. Under the current proposal, ByteDance won’t be transferring its algorithm and technology to Oracle, which might satisfy Chinese regulators.

What comes next?

The legal battle is hardly over. TikTok has another lawsuit pending against the Trump administration to block the potential ban. While federal judges have blocked the ban from happening, the US government is appealing.

Steve Musil contributed to this report.

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