TikTok Chief Executive Shou Zi Chew testifies before a House Energy and Commerce Committee hearing entitled “TikTok: How Congress can Safeguard American Data Privacy and Protect Children from Online Harms,” as lawmakers scrutinize the Chinese-owned video-sharing app, on Capitol Hill in Washington, March 23, 2023.
Evelyn Hockstein | Reuters
The future of TikTok is more uncertain than ever after the social media company sued the U.S. government on Tuesday over a law that would force Chinese parent ByteDance to sell the app or face a national ban.
President Joe Biden signed legislation in April that gives ByteDance nine months to find a buyer for the popular short-form video app, and a three month extension if a deal is in progress. The Protecting Americans From Foreign Adversary Controlled Applications Act, as it’s known, passed with bipartisan support in both chambers of Congress.
TikTok argues that the bill violates the First Amendment, and that divestiture is “simply not possible: not commercially, not technologically, not legally,” according to the company’s legal filing.
“For the first time in history, Congress has enacted a law that subjects a single, named speech platform to a permanent, nationwide ban, and bars every American from participating in a unique online community with more than 1 billion people worldwide,” the lawsuit said.
American lawmakers have long argued that TikTok’s foreign ownership poses a national security risk. Former President Donald Trump attempted to ban the platform through an executive order in 2020, laying out the path to a potential ban. That effort failed, but the issue gained resonance as concerns intensified surrounding China’s heightened power on the global state.
Prior to the passage of the law, TikTok spent more than $2 billion on an initiative called “Project Texas” to better protect U.S. user data from foreign influence. But lawmakers continued pressing to advance legislation anyway.
Whether TikTok is successful in its lawsuit, filed in the U.S. Court of Appeals for the D.C. Circuit, largely hinges on how the courts treat the matter. Is it a First Amendment issue or a national security concern?
‘One of those truly hard issues’
The D.C. Circuit Court could agree to hear the case on an expedited timeframe, meaning a completed opinion could be delivered before a sale is required, said Gus Hurwitz, senior fellow and academic director of theCenter for Technology, Innovation & Competition at theUniversity of Pennsylvania Carey Law School.
Hurwitz said TikTok and ByteDance will likely request a stay of the law or a preliminary injunction with the court, effectively putting the law on hold until a decision is reached.
“If the court does not put such a stay in place, I think that’s a really bad sign for TikTok and ByteDance,” Hurwitz told CNBC in an interview. “That’s a suggestion that the court thinks the law has a very strong chance of being upheld.”
TikTok could also file another lawsuit on behalf of its users, which Hurwitz said would strengthen the company’s First Amendment argument and, if the courts view it under that lens, make it harder for Congress to prevail.
“This is one of those truly hard issues on both sides sort of cases,” Hurwitz said.
Gautam Hans, an associate clinical professor of law at Cornell Law School, said courts take issues of speech suppression very seriously, but are also protective of national security. He said the two priorities infrequently come into conflict.
“These situations are relatively rare,” Hans said in an interview. “This law is, to my understanding, is pretty unprecedented.”
It’s also different from past attempts to ban TikTok since the bill has bipartisan support, which can influence the courts, Hans said. Regardless of what happens in the circuit court, Hans said there’s a real possibility the case ends up getting elevated to the U.S. Supreme Court.
“I don’t think that this case is going to be easily resolved,” Hans said.
Weighing a sale
ByteDance could simplify the process and agree to divest TikTok so that it’s majority owner is outside of China. But the company has reportedly said it would rather close TikTok in the U.S. than sell it. TikTok CEO Shou Chew said in a video on the app, “Make no mistake: This is a ban.”
Further complicating a potential sale is the issue of TikTok’s algorithm, which is they key piece of technology that allows the app to make recommendations to users. China would likely have to approve the transfer of the algorithm, a move that experts don’t see happening.
“It’s kind of like you’re selling the house, but you take out all the windows and doors and who’s gonna buy it?” Hans said.
Still, there are some interested acquirers.
Former Treasury Secretary Steven Mnuchin told CNBC’s David Faber on Tuesday he is still “very interested” in buying or investing in TikTok. He said that, even without the algorithm, the platform could probably be rebuilt within a year. But he said it would be a much more difficult deal if TikTok were to spend six months of that period litigating.
“The best outcome would be if they’d agree to do a deal now and you’d have a year to rebuild the technology, which I think would be a major effort but could be done,” Mnuchin said.
As of now, TikTok can continue to operate. Hurwitz said the company is showing little inclination to sell or or stop doing business in the U.S. until the last possible minute.
Microsoft owns lots of Nvidia graphics processing units, but it isn’t using them to develop state-of-the-art artificial intelligence models.
There are good reasons for that position, Mustafa Suleyman, the company’s CEO of AI, told CNBC’s Steve Kovach in an interview on Friday. Waiting to build models that are “three or six months behind” offers several advantages, including lower costs and the ability to concentrate on specific use cases, Suleyman said.
It’s “cheaper to give a specific answer once you’ve waited for the first three or six months for the frontier to go first. We call that off-frontier,” he said. “That’s actually our strategy, is to really play a very tight second, given the capital-intensiveness of these models.”
Suleyman made a name for himself as a co-founder of DeepMind, the AI lab that Google bought in 2014, reportedly for $400 million to $650 million. Suleyman arrived at Microsoft last year alongside other employees of the startup Inflection, where he had been CEO.
More than ever, Microsoft counts on relationships with other companies to grow.
It gets AI models from San Francisco startup OpenAI and supplemental computing power from newly public CoreWeave in New Jersey. Microsoft has repeatedly enriched Bing, Windows and other products with OpenAI’s latest systems for writing human-like language and generating images.
Microsoft’s Copilot will gain “memory” to retain key facts about people who repeatedly use the assistant, Suleyman said Friday at an event in Microsoft’s Redmond, Washington, headquarters to commemorate the company’s 50th birthday. That feature came first to OpenAI’s ChatGPT, which has 500 million weekly users.
Through ChatGPT, people can access top-flight large language models such as the o1 reasoning model that takes time before spitting out an answer. OpenAI introduced that capability in September — only weeks later did Microsoft bring a similar capability called Think Deeper to Copilot.
Microsoft occasionally releases open-source small-language models that can run on PCs. They don’t require powerful server GPUs, making them different from OpenAI’s o1.
OpenAI and Microsoft have held a tight relationship shortly after the startup launched its ChatGPT chatbot in late 2022, effectively kicking off the generative AI race. In total, Microsoft has invested $13.75 billion in the startup, but more recently, fissures in the relationship between the two companies have begun to show.
Microsoft added OpenAI to its list of competitors in July 2024, and OpenAI in January announced that it was working with rival cloud provider Oracle on the $500 billion Stargate project. That came after years of OpenAI exclusively relying on Microsoft’s Azure cloud. Despite OpenAI partnering with Oracle, Microsoft in a blog post announced that the startup had “recently made a new, large Azure commitment.”
“Look, it’s absolutely mission-critical that long-term, we are able to do AI self-sufficiently at Microsoft,” Suleyman said. “At the same time, I think about these things over five and 10 year periods. You know, until 2030 at least, we are deeply partnered with OpenAI, who have [had an] enormously successful relationship for us.
Microsoft is focused on building its own AI internally, but the company is not pushing itself to build the most cutting-edge models, Suleyman said.
“We have an incredibly strong AI team, huge amounts of compute, and it’s very important to us that, you know, maybe we don’t develop the absolute frontier, the best model in the world first,” he said. “That’s very, very expensive to do and unnecessary to cause that duplication.”
President Trump’s new tariffs on goods that the U.S. imports from over 100 countries will have an effect on consumers, former Microsoft CEO Steve Ballmer told CNBC on Friday. Investors will feel the pain, too.
Microsoft’s stock dropped almost 6% in the past two days, as the Nasdaq wrapped up its worst week in five years.
“As a Microsoft shareholder, this kind of thing is not good,” Ballmer said, in an interview with Andrew Ross Sorkin that was tied to Microsoft’s 50th anniversary celebration. “It creates opportunity to be a serious, long-term player.”
Ballmer was sandwiched in between Microsoft co-founder Bill Gates and current CEO Satya Nadella for the interview.
“I took just enough economics in college — that tariffs are actually going to bring some turmoil,” said Ballmer, who was succeeded by Nadella in 2014. Gates, Microsoft’s first CEO, convinced Ballmer to join the company in 1980.
Gates, Ballmer and Nadella attended proceedings at Microsoft’s Redmond, Washington, campus on Friday to celebrate its first half-century.
Between the tariffs and weak quarterly revenue guidance announced in January, Microsoft’s stock is on track for its fifth straight month of declines, which would be the worst stretch since 2009. But the company remains a leader in the PC operating system and productivity software markets, and its partnership with startup OpenAI has led to gains in cloud computing.
“I think that disruption is very hard on people, and so the decision to do something for which disruption was inevitable, that needs a lot of popular support, and nobody could game theorize exactly who is going to do what in response,” Ballmer said, regarding the tariffs. “So, I think citizens really like stability a lot. And I hope people — individuals who will feel this, because people are feeling it, not just the stock market, people are going to feel it.”
Ballmer, who owns the Los Angeles Clippers, is among Microsoft’s biggest fans. He said he’s the company’s largest investor. In 2014, shortly after he bought the basketball team for $2 billion, he held over 333 million shares of the stock, according to a regulatory filing.
“I’m not going to probably have 50 more years on the planet,” he said. “But whatever minutes I have, I’m gonna be a large Microsoft shareholder.” He said there’s a bright future for computing, storage and intelligence. Microsoft launched the first Azure services while Ballmer was CEO.
Earlier this week Bloomberg reported that Microsoft, which pledged to spend $80 billion on AI-enabled data center infrastructure in the current fiscal year, has stopped discussions or pushed back the opening of facilities in the U.S. and abroad.
JPMorgan Chase’s chief economist, Bruce Kasman, said in a Thursday note that the chance of a global recession will be 60% if Trump’s tariffs kick in as described. His previous estimate was 40%.
“Fifty years from now, or 25 years from now, what is the one thing you can be guaranteed of, is the world needs more compute,” Nadella said. “So I want to keep those two thoughts and then take one step at a time, and then whatever are the geopolitical or economic shifts, we’ll adjust to it.”
Gates, who along with co-founder Paul Allen, sought to build a software company rather than sell both software and hardware, said he wasn’t sure what the economic effects of the tariffs will be. Today, most of Microsoft’s revenue comes from software. It also sells Surface PCs and Xbox consoles.
“So far, it’s just on goods, but you know, will it eventually be on services? Who knows?” said Gates, who reportedly donated around $50 million to a nonprofit that supported Democratic nominee Kamala Harris’ losing campaign.
AppLovin CEO Adam Foroughi provided more clarity on the ad-tech company’s late-stage effort to acquire TikTok, calling his offer a “much stronger bid than others” on CNBC’s The Exchange Friday afternoon.
Foroughi said the company is proposing a merger between AppLovin and the entire global business of TikTok, characterizing the deal as a “partnership” where the Chinese could participate in the upside while AppLovin would run the app.
“If you pair our algorithm with the TikTok audience, the expansion on that platform for dollars spent will be through the roof,” Foroughi said.
The news comes as President Trump announced he would extend the deadline a second time for TikTok’s Chinese-owned parent company ByteDance to sell the U.S. subsidiary of TikTok to an American buyer or face an effective ban on U.S. app stores. The new deadline is now in June, which, as Foroughi described, “buys more time to put the pieces together” on AppLovin’s bid.
“The president’s a great dealmaker — we’re proposing, essentially an enhancement to the deal that they’ve been working on, but a bigger version of all the deals contemplated,” he added.
AppLovin faces a crowded field of other interested U.S. backers, including Amazon, Oracle, billionaire Frank McCourt and his Project Liberty consortium, and numerous private equity firms. Some proposals reportedly structure the deal to give a U.S. buyer 50% ownership of the company, rather than a complete acquisition. The Chinese government will still need to approve the deal, and AppLovin’s interest in purchasing TikTok in “all markets outside of China” is “preliminary,” according to an April 3 SEC filing.
Correction: A prior version of this story incorrectly characterized China’s ongoing role in TikTok should AppLovin acquire the app.