WASHINGTON, Sept 15 (Reuters) - Questions and potential
hurdles surround a framework agreement announced on Monday
between the U.S. and China that would switch short-video app
TikTok to U.S.-controlled ownership, including whether any deal
will comply with a 2024 law.
U.S. and Chinese officials announced the deal in principle in
Madrid following trade talks, but did not give details or answer
key questions such as whether China will agree to transfer
ownership of the algorithm that makes the app so popular with
170 million Americans.
WHAT HAPPENS TO THE ALGORITHM?
During previous negotiations, Chinese authorities expressed
strong reluctance to allow the export of TikTok's recommendation
algorithm, widely seen as owner ByteDance's most valuable asset
and a key driver of the app's global popularity.
In 2020, when the Trump administration first pushed for a
sale of TikTok's U.S. business, China updated its export control
rules to cover technologies such as recommendation algorithms,
effectively giving the government a say over any transfer.
WILL CONGRESS NEED TO APPROVE THE DEAL?
Any agreement could require approval by the
Republican-controlled Congress, which passed a law in 2024
requiring ByteDance to divest TikTok or face a ban in the U.S.,
due to fears TikTok's U.S. user data could be accessed by the
Chinese government and allow Beijing to spy on Americans or
conduct influence operations through the app.
Since that law came into effect, U.S. President Donald Trump has
extended the deadline for its enforcement three times.
Some Democratic lawmakers argued Trump had no legal authority to
extend the deadline and suggested a previous deal under
consideration in April would not meet legal requirements.
Attorney General Pam Bondi sent letters to Apple
Google and other companies in February that provide
services or host TikTok, telling them the Justice Department was
relinquishing any claims for potential violations of the law.
They were made public in June.
A congressional aide told Reuters on Monday that lawmakers plan
to scrutinize the latest deal when it is made public to see if
it complies with the law.
WILL CHINA RETAIN ANY OWNERSHIP?
One issue is whether ByteDance will be fully divested from
TikTok U.S. after the deal.
Trump responded to a question in an Oval Office press
conference on whether China will have stake in TikTok: "We
haven't decided that, but it looks to me and I'm speaking to
President Xi on Friday for confirmation."
Senate Intelligence Committee chair Tom Cotton in April said
American investors who wanted to buy TikTok must cut all ties
with China.
ByteDance's current shareholders include American firms
Susquehanna International Group, General Atlantic and KKR.
If Congress rejects the latest agreement, Trump may have
limited recourse. In January, the Supreme Court unanimously
ruled the law, passed by an overwhelming bipartisan majority in
Congress last year and signed by former Democratic President Joe
Biden, did not violate the U.S. Constitution's First Amendment
protection against government abridgment of free speech.
WHO WILL CONTROL TIKTOK AFTER DIVESTITURE?
Officials expect the final deal to be very similar to what was
anticipated under the previous deal outlined in April, which
would spin off TikTok's U.S. operations into a new U.S.-based
firm, majority-owned and operated by U.S. investors. This
stalled after China indicated it would withhold its approval
following Trump's announcements of steep tariffs on Chinese
goods. The precise structure of the new expected ownership
remains unclear.