The US TikTok Ban Threat – What You Need to Know About the RESTRICT Act

Can I still use TikTok in the US? A look at the concerns behind the US national security ban

To set the record straight, no, TikTok hasn’t been banned for everyone in the US yet – although the Protecting Americans from Foreign Adversary Controlled Applications Act (PAFACA) was passed and signed by President Joe Biden last April, basically all it does is block TikTok from being used on government devices in the US, Australia, France, the UK, and other European countries. Government officials are the ones pushing for tighter controls on apps like TikTok and other similar ones in order to address security concerns and make sure people are following the new laws.

What’s going on here? Let’s break it down

1. in March, Senators Mark Warner and John Thune decided to introduce the US RESTRICT Act – a bill aimed at limiting access to certain apps and websites that are deemed to be a threat to national security. This new piece of legislation is rooted in federal law and builds on the International Emergency Economic Powers Act and other executive orders that already give the feds the power to do this kind of thing.
2. The Act came about because people are worried about foreign apps and websites collecting data on US citizens.
3. As soon as the White House got wind of it, they pretty much said they supported the bill in principle.
4. People are already getting pretty worked up about it – advocacy groups and experts are warning that it could spell disaster for censorship, constitutional rights and people’s right to privacy.

This whole debate is really about the delicate balance between whats good for national security and what’s fair for individual citizens.

So what’s all the fuss about with TikTok?

TikTok wasn’t even mentioned in the bill but Senator Warner made it pretty clear in a recent interview that the bill could definitely be used to ban TikTok. After all, TikTok is owned by ByteDance, the Chinese company that sounds pretty fishy to US officials.

“Imagine 100 million Americans spending 90 minutes a day on TikTok. What worries me is not just that data is being taken from Americans…but also that this could easily become a channel for propaganda.”
Senator Warner, Fox News

The US government is worried that TikTok is basically a Trojan Horse for the Chinese Communist Party – they could potentially get their hands on all sorts of US user data and even use the app to do some pretty shady stuff. US officials are pretty sure that the CCP is definitely up to something with TikTok, and they want to limit the risks to US citizens.

What has TikTok said – or rather, its CEO?

TikTok’s CEO has made a pretty passionate speech to its users before, pointing out that the app has over 150 million active users – and all of them have a stake in making sure this isn’t a bad idea. In a recent hearing with the House Energy committee, he basically said that TikTok is not beholden to the Chinese government and that the data is safe.

But unfortunately, a lot of lawmakers are still not convinced – after all, its owned by a chinese company and people are worried about whats going on there. Some have even gone so far as to call tiktok ‘digital fentanyl’ and are really worried about the impact on American youth.

Project Texas – TikTok’s plan to keep itself on the US market

There’s a bit of backstory here – people have been worrying about this kind of thing for ages. Back in 2020, Trump tried to make the Chinese company sell the app, but that got reversed in 2021 when the Biden administration said they’d review all the foreign apps and come up with some stricter national security laws instead.TikTok knew it was in trouble and had to come up with a viable solution. Enter Project Texas, which has been cooking for some time now. The company has already splurged over $1.5 billion on securing data under this project. That’s a big deal because it’s aimed at easing lawmakers’ concerns about user data protection by relocating all US user data to centers outside of China in partnership with Texas-based Oracle. TikTok hopes this will help them reach a deal with the US government on protecting user data and US national security interests.

But with the debate around TikTok’s impact on US national security getting more intense by the day, even more policymakers are calling for a complete ban. That’s where the RESTRICT Act comes in.

TikTok US ban bill: What on earth is the RESTRICT Act about?

The RESTRICT Act is short for the Restricting the Emergence of Security Threats that Risk Information and Communications Technology Act. It was introduced on March 7 and specifically targets technology associated with “foreign adversaries” of the US – namely 6 countries: China (with Hong Kong and Macau), Cuba, Iran, North Korea, Russia, and Venezuela.

If this Act comes into play, it would give the Department of Commerce the power to cut off access to specific tech that’s considered a threat to national security, and it’d be up to the Secretary of Commerce to decide. It’s a pretty broad reach, applying to both private and public companies across the entire tech industry. Though, it doesn’t explain exactly how it would all work – all we know is that Senator Warner says it “gives the Secretary of Commerce a series of tools to mitigate, divest, or even outright ban”.

Another piece of legislation, the Protecting Americans from Foreign Adversary Controlled Applications Act (PAFACA), is specifically aimed at forcing TikTok to sell off its Chinese parent company, ByteDance, or it would be banned in the US. PAFACA is already facing some legal challenges in court, which raises some big questions about its constitutionality and just how it would be enforced.

The RESTRICT Act’s scope is massive – it goes way beyond TikTok

Moreover, the bill’s broad language could easily catch a whole lot more than just TikTok. The proposed legislation uses terms like “desktop programs,” “mobile apps,” “gaming platforms,” “payment solutions,” and “web applications” – so it could potentially apply to any type of tech coming from these 6 authoritarian countries. On top of that, the bill could limit the availability of TikTok and similar apps on app stores like the Apple App Store and Google Play Store. It’d make it harder for users to download or update these apps, and it’d mainly target software with more than 1 million users in the US. For example, companies like Huawei, ZTE, and Russia-based Kaspersky are already off-limits for federal computers.

The whole TikTok ban thing has stirred up a fair bit of public backlash, with loads of users seeking alternatives in protest.

Now with lawmakers pushing for this bill, which is all about protecting US user data, you might be wondering – “what kind of data does TikTok really collect?” And is it as sensitive as everyone’s saying?

What type of data does TikTok collect?

TikTok’s privacy policy breaks user data down into three simple groups:

User-provided data

Automatically collected data

Third-party data

So here’s the lowdown: TikTok might collect this stuff from you (spoiler alert: it’s not too different from what Twitter and Facebook collect):

Be honest, have you ever tried to get more out of the web? You could consider getting a VPN to keep your data safe. VeePN is a great option – it uses AES-256 encryption and has servers in 89 locations around the world.

Experts have taken a look at TikTok and say it doesn’t collect more data than other social media apps – it’s basically just standard stuff. However, concerns remain over the safety of American user data, especially with regards to how it’s handled under US laws and the risk of foreign access. It’s a lot of personal info – but that doesn’t necessarily make TikTok a major threat – at least, not any more than other popular social media platforms like Likee and Instagram. Critics also point out that singling out TikTok just doesn’t address the broader issues of data privacy and surveillance.

Civil Liberties Concerns: What’s really at stake for Americans?

The ongoing debate over the TikTok ban has brought civil liberties concerns to the forefront. It raises important questions about just how far the US government should go in the name of national security. While the Trump administration and many lawmakers argued that TikTok’s parent company, ByteDance, poses a national security threat due to its ties to the Chinese government, critics warn that efforts to ban TikTok could set a potentially disastrous precedent for free speech and digital rights in America.

The centre of the controversy is the tension between keeping American citizens safe from foreign adversary controlled apps and upholding their fundamental right to free expression. The push to ban TikTok and the introduction of the Protecting Americans from Foreign Adversary Controlled Applications Act (PAFACA) have sparked fears of government overreach. Many civil liberties advocates are worried that such measures could be used to target not just TikTok, but other social media platforms as well – especially if the definition of a national security threat is kept broad and vague.

The requirement for a “qualified divestiture” of TikTok’s US operations – essentially forcing the app’s parent company to sell its American business to US investors – has also raised concerns about the federal government’s role in private sector decisions. While supporters claim that this move is needed to protect Americans’ data and national security, others are seeing it as an unprecedented intervention that could stifle innovation and free expression across the tech industry.

The Supreme Court’s decision to uphold the law banning TikTok has only added to these concerns. By affirming the executive order attempting to ban TikTok, the Court has given the federal government significant executive power to restrict access to foreign adversary controlled applications. Legal experts and civil liberties groups are worried that this ruling could open the door to future bans on other social media platforms, especially those with ties to countries that the US government deems adversaries.

As the TikTok deal moves forward, with a new joint venture owned by US investors set to oversee US operations, questions remain about the potential for ongoing government influence over content moderation and data security. While the US government insists that these steps are necessary for protecting Americans from foreign influence, critics argue that they do not go far enough to address civil liberties concerns and may even create new risks for free speech and privacy.

Internationally, the Chinese government has pushed back hard against US actions, with Chinese President Xi Jinping saying that he will not compromise on issues related to national security. This stance has heightened tensions between the two countries and raised the stakes for how the US regulates foreign-owned tech companies.

Ultimately, the TikTok case has become a turning point in the wider conversation about balancing national security concerns with civil liberties in the digital age. As lawmakers, courts and tech companies navigate these complex issues, the outcome will have lasting implications for free speech, government overreach and the future of social media platforms in America. We desperately need greater transparency, accountability and public debate as the US tries to protect both its national security and the civil liberties of its citizens.

Will the RESTRICT Act ban VPNs? Civil liberties concerns explained

When it comes to online blocks and censorship, a Virtual Private Network (VPN) can be a lifesaver for many as it keeps your digital activity and location private. Using a VPN encrypts your data, runs all your web activity through a remote server in a different location and gives you an anonymous IP address.

But what happens if you use a VPN to get around bans like TikTok? The penalties for circumventing bans are defined in federal law, including the International Emergency Economic Powers Act (IEEPA) and related executive orders. And the TikTok ban has raised significant Fourth Amendment concerns, as it involves unwarranted access to personal data.

Is a VPN illegal in the US?

Actually no – VPNs are perfectly legal in the US. Yet, some social media users and tech publications are getting a bit worked up over the idea that the RESTRICT Act could criminalize using a VPN if it’s used to access “foreign adversaries’” products. The Electronic Frontier Foundation – a digital rights advocacy group – is warning that “due to undefined mitigation measures coupled with a vague enforcement provision, the bill could also criminalize common practices like using a VPN or side-loading to install a prohibited app.” The Secretary may impose penalties for each violation – a fine of up to $1 million, 20 years in prison, or both. That does sound scary.

However, Senator Warner’s office thinks it’s a pretty wild over-interpretation. Rachel Cohen, a spokeswoman for Warner, said that the “This legislation is aimed squarely at companies like Kaspersky, Huawei, and TikTok that create systemic risks to the United States’s national security – not at individual users.”

Cohen went on to explain that the Act only imposes criminal penalties on people engaged in sabotage, subverting communications technology, interfering in or altering the results of a federal election or causing catastrophic effects on U.S. critical infrastructure.

So, does the RESTRICT Act really ban VPNs in the US?

No, as of now, there aren’t any restrictions on using VPNs. The RESTRICT Act doesn’t have a thing to say about banning VPNs or punishing people for using them. The people pushing this bill just want to use it to punish companies they think are a little too dodgy, like Kaspersky or TikTok. But the way the bill is written leaves you wondering who exactly it’s supposed to cover.

And what if the US government goes ahead and bans TikTok? What do regular people think about it? The statistics might surprise you. According to a recent Pew Research Center survey, a whole lot more Americans support banning TikTok than are against it – while a decent chunk are just plain unsure.

But the thing is, a lot of people see the TikTok ban as a threat to freedom on the net. The Electronic Frontier Foundation reckon the Act is a bit of an “avoid the obvious” approach to data privacy:

“It [] The RESTRICT Act] would open the door to wide ranging government bans on hardware or software from foreign countries with no need for explanation, hardly any transparency, very little opportunity to go to court about it, and very little oversight from Congress.”

And that could potentially limit the freedom to express yourself by giving the government way too much power to shut down any app or service that lets you communicate.

So – what now?

What’s the future of TikTok in the US look like?

TikTok started off as a video-sharing platform for short clips, but it’s since grown into this huge all-in-one video service where you can find content for just about any interest – and it’s now a global phenomenon.

In April 2024, Congress passed this thing called the Protecting Americans from Foreign Adversary Controlled Applications Act (PAFACA), which orders TikTok to get out of its Chinese parent company, ByteDance, or face a ban in the US. The law gives TikTok a deadline to sort this out, and the deal is supposed to be finalized by January 2026. The U.S. Supreme Court looked at PAFACA and decided it was okay in January 2025, citing national security concerns and saying it didn’t trample on the First Amendment.

TikTok’s US operations are set to be sold to a new company called TikTok USDS Joint Venture LLC, with a bunch of US investors holding 80% and ByteDance owning less than 20%. The deal to buy TikTok’s US operations is worth $14 billion, and involves existing investors in the new company as key players. The deal includes some serious oversight from US security partners to make sure it sticks to the rules and addresses homeland security concerns. The US government isn’t going to end up with any equity in the new company, but a very big fee is going to be paid as part of the deal.

The acting attorney general and the attorney general have both been pretty heavily involved in making sure the legal part of this works, sending out letters, and making sure this all complies with PAFACA. President Donald Trump and Trump signed up to executive orders to delay the ban a few times when he was in office, and Trump got a couple of orders out targeting Chinese tech companies. This deal with TikTok has raised all sorts of questions about PAFACA compliance, especially around how they’re going to handle TikTok’s algorithm and what kind of transparency people can expect from existing investors.

The Department of Homeland Security and other homeland security agencies are all keeping an eye on this deal, monitoring it for any implications for national security. There’s been a lot of back-and-forth about national security versus personal freedoms, with some people saying this sets a worrying precedent for the government overstepping its bounds – and raising all sorts of big questions about the 4th Amendment and access to personal data. The ACLU is calling on the Supreme Court to step in, saying the ban is a threat to the First Amendment, while some lawyers are pointing out the need to strike a balance between data security and foreign influence with protections for free expression and due process.

Some lawmakers are pushing for more transparency from the government about the TikTok divestment deal so that everyone can be sure it’s all legal. People who use the platform a lot and content creators are pretty worried about their livelihoods if it gets shut down. In fact, public opinion on the ban has shifted, with support dropping from 50% in March 2023 down to 34% by March 2025. The thing is, this is part of a broader historical trend where national security concerns get used as a way to chip away at civil liberties. Some lawmakers have even accused TikTok of spreading pro-Palestinian propaganda, which has raised some real concerns about content moderation. The Biden administration has faced some criticism for its handling of TikTok, with a lot of people calling for more transparency about how the app works and the divestment process.

TikTok’s got a huge following in the US – over 210 million downloads in 2021 alone, which makes a TikTok ban a pretty significant loss for both its users and the company. But there’s still a glimmer of hope that an agreement can be reached. For instance, if Project Texas gets put in place or if TikTok sells off a majority stake to a US company.Ultimately, with so much cash & private interests hanging in the balance, it’s looking pretty unlikely that neither the US government or ByteDance will let go of the chance to keep marketing TikTok in the US without a hitch – despite all the complications. So let’s really hope for a positive outcome as this whole thing plays out, and also take stock of the importance of shoring up our online security. We at VeePN are always urging people to stay in the know & stay ahead of the game when it comes to safeguarding your online privacy.

Written by VeePN Research Lab VeePN Research Lab is dedicated to provide you latest posts about internet security and privacy.

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