The Protecting Americans from Foreign Adversary Controlled Applications Act (PAFACA), aimed at banning TikTok, could have a chilling effect on other Chinese social media platforms, legal experts warn.
Chinese social media apps Lemon8 and RedNote have seen a surge in popularity as users migrate to alternative platforms amid the looming threat of a TikTok ban. A potential ban on TikTok could have significant repercussions for these apps, legal experts warn, citing the broad scope of the legislation.The Protecting Americans from Foreign Adversary Controlled Applications Act ( PAFACA ), which could lead to TikTok's shutdown in the U.S.
if its Beijing-based owner, ByteDance, fails to divest it by January 19, is raising concerns about its potential impact on other Chinese apps. While the legislation explicitly targets TikTok and ByteDance, experts argue that its expansive language could empower Washington to target additional Chinese apps. 'Chinese social media apps, including Lemon8 and RedNote, could also end up being banned under this law,' Tobin Marcus, head of U.S. policy and politics at New York-based research firm Wolfe Research, explained to CNBC. If the TikTok ban is upheld, it's unlikely that the law would permit potential replacements originating from China without some form of divestiture, experts told CNBC. PAFACA automatically applies to Lemon8 as it's a subsidiary of ByteDance, while RedNote could fall under the law if its monthly average user base in the U.S. continues to grow, Marcus said. The legislation prohibits distributing, maintaining, or providing internet hosting services to any 'foreign adversary controlled application.' This includes those connected to ByteDance or TikTok, or any social media company controlled by a 'foreign adversary' deemed to pose a significant threat to national security.Carl Tobias, Williams Chair in Law at the University of Richmond, noted that the law's wording is 'quite expansive,' potentially giving incoming administrations, including future President Donald Trump, leeway in deciding which entities constitute a significant national security threat. Xiaomeng Lu, Director of Geo‑technology at political risk consultancy Eurasia Group, believes the law will likely prevail, even if its implementation and enforcement are delayed. She anticipates increased regulatory scrutiny on Chinese apps in the U.S., regardless of the immediate outcome. 'The TikTok case has set a new precedent for Chinese apps to get targeted and potentially shut down,' Lu stated.Cornell Law Professor Gautam Hans argues that TikTok's legal challenge centers on the law's unconstitutional application to them specifically, not its constitutionality in general. 'So, regardless of whether TikTok wins or loses, the law could still potentially be applied to other companies,' he said. Hans further emphasizes that the law's broad definition could encompass a variety of Chinese apps deemed national security threats, extending beyond traditional social media platforms like TikTok.
CHINESE APPS TIKTOK BAN PAFACA LEMON8 REDNOTE NATIONAL SECURITY US REGULATION
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