Summary
**“Clock Is Ticking” Kevin O’Leary Speculates “There Won’t Be a Third” TikTok Ban Extension** is a focal point in the ongoing debate over TikTok’s future in the United States amid escalating national security concerns. The popular social media platform, owned by China-based ByteDance, has been the subject of intense scrutiny due to fears that user data could be accessed by the Chinese government, potentially enabling espionage and influence operations targeting American citizens and political processes. In response, the U.S. government enacted legislation mandating TikTok’s divestiture from Chinese ownership or face a nationwide ban effective January 19, 2025. Despite initial legal challenges and temporary extensions granted to delay the ban, prominent investor Kevin O’Leary has publicly speculated that the government is unlikely to approve a third extension, signaling a narrowing window for TikTok’s continued operation in the country.
The controversy surrounding TikTok encapsulates a complex intersection of cybersecurity, privacy, free speech, and geopolitical tensions. While TikTok has sought to mitigate concerns by routing U.S. user data through American servers and negotiating with the Biden administration, critics remain skeptical of the company’s ability to fully shield sensitive data from Chinese authorities under current ownership structures. Legal battles culminated in a Supreme Court ruling that upheld the constitutionality of the divestment mandate, emphasizing national security over First Amendment claims. Meanwhile, legislative proposals and regulatory measures continue to evolve, reflecting bipartisan consensus on the need to safeguard digital infrastructure while navigating constitutional protections.
Kevin O’Leary, known for his business acumen and media presence, has positioned himself as a potential buyer of TikTok’s U.S. operations, expressing willingness to relocate the platform’s infrastructure domestically to address security concerns. However, he has acknowledged the significant financial and regulatory challenges involved, including the necessity of partner investors and approval from both U.S. and Chinese authorities. His public statements underscore the urgency of resolving TikTok’s status before legislative deadlines expire, as he warns that “the clock is ticking” on any further delay or extension.
The debate over TikTok’s future in the U.S. reflects broader challenges faced by governments in managing foreign technology companies deemed security risks while balancing economic interests and users’ rights. As legislative deadlines approach and legal uncertainties persist, TikTok’s fate remains uncertain, with significant implications for international relations, data privacy, and the digital economy. The speculation by figures like O’Leary adds a business dimension to the discourse, highlighting both the high stakes and potential pathways to resolving this contentious issue.
Background
Concerns regarding TikTok’s operations and its ties to the Chinese government have prompted significant national security discussions in the United States. These concerns center on three primary risks: the potential use of TikTok as an influence operation by the Chinese government to sway U.S. politics, the collection of personal data on American users, and the broader implications of data access by the People’s Republic of China. It has been noted that data collected on foreign nationals by China could be used to monitor individuals of interest, including Western businesspeople and students both inside and outside China.
In response to these perceived threats, legislation has been enacted to restrict TikTok’s presence in the U.S., culminating in a nationwide ban effective January 19, 2025. This ban reflects fears of both user data collection and possible Chinese government influence through the platform. Although federal employees are already prohibited from downloading TikTok on government devices, the general public’s access remains intact for the time being, pending the ban and ongoing legal challenges.
The legislation also included provisions allowing the president to extend deadlines for TikTok’s sale to a non-Chinese entity, but only if “significant progress” toward such a deal is evident and the sale can be completed within a 90-day extension period. TikTok has contested these restrictions on constitutional grounds, arguing that they infringe upon free speech rights. This legal battle escalated to the Supreme Court, which acknowledged the government’s national security concerns but left some conclusions tentative due to the novel nature of the technology involved.
Meanwhile, TikTok’s CEO, Shou Zi Chew, has testified before Congress to address data privacy concerns and the platform’s role in safeguarding American users, highlighting ongoing governmental scrutiny of the company. Amidst this environment of heightened tension and legal scrutiny, investor Kevin O’Leary has speculated that there will be no further extensions granted to TikTok, warning that “the clock is ticking” on any potential deal to keep the platform operational in the United States.
Kevin O’Leary’s Statements
Kevin O’Leary, the Canadian entrepreneur and “Shark Tank” star, has been a prominent figure in the ongoing discussions surrounding the potential ban and sale of TikTok in the United States. He publicly expressed his intention to purchase TikTok and relocate the platform’s operations to the U.S. if the government order mandating the app’s divestment proceeded. Speaking on “Fox & Friends,” O’Leary stated, “If this order goes through, it’s got to be sold. I’m going to put up my hand and say I’ll buy it, and I’ll tell you why,” emphasizing his readiness to take control of the platform in light of national security concerns.
O’Leary also highlighted the complexities involved in such a purchase, noting that he would likely need to syndicate debt and equity to fund the acquisition, and that he would require partners, including notable investors like Mark Cuban, to cover the majority of the buy. Despite his willingness, he acknowledged the financial magnitude of the deal, estimating that his net worth alone would be insufficient without additional backing. He has been quoted as saying he “doesn’t get out of bed for less than 10%” return, indicating a cautious approach toward the investment.
In the broader debate over TikTok’s fate, O’Leary has voiced support for legislative and regulatory measures aimed at mitigating national security risks posed by the app. While expressing concern over potential data sharing with the Chinese government, he also approved of congressional considerations to block any profit-sharing arrangements with TikTok’s parent company, ByteDance, underscoring the importance of American control in the platform’s operations. He remarked that the issue transcends merely buying TikTok’s U.S. assets, reflecting the complex geopolitical stakes involved.
Despite his interest and public statements, O’Leary noted the legal and regulatory hurdles that complicate a potential acquisition under current U.S. law, indicating that a purchase is not feasible without changes to the existing framework. He has remained engaged in discussions with U.S. officials and investors, aiming to keep the possibility alive as legislative deadlines approach. However, the need for approval from both the U.S. government and the Chinese authorities remains a significant barrier, as Beijing has resisted any forced sale of TikTok.
TikTok Ban Timeline
The TikTok ban in the United States has involved a series of legal and political developments marked by multiple deadline extensions and intense debate over national security and free speech. Initially, federal government employees were prohibited from downloading TikTok on their devices, while the rest of the public continued to access the app. The Biden administration, along with lawmakers, expressed concerns that TikTok posed a grave national security threat by potentially allowing China to gather data on Americans or manipulate content viewed by users.
On April 4, 2020, President Donald Trump signed an executive order delaying the enforcement of the TikTok ban by 75 days, as negotiations were underway for ByteDance, TikTok’s parent company, to maintain a minority stake in a U.S.-based entity. Subsequently, Congress passed a law setting a deadline for the app to be banned unless ByteDance divested its ownership, with the Supreme Court upholding this law following TikTok’s legal challenge.
The law also authorized the president to extend the deadline if there was “significant progress” toward a divestment deal, provided the agreement could be finalized within 90 days. However, how this extension mechanism would function after the ban took effect remained unclear. Despite the looming ban deadline, President Biden declined to enforce the ban, and TikTok voluntarily suspended its services in the U.S. on January 18, 2025, the day before the ban was set to take effect.
Throughout the process, lawmakers such as Rep. Ro Khanna and Sen. Ed Markey voiced opposition to the ban, citing concerns over constitutional rights and freedom of expression. Markey even proposed legislation to delay the ban deadline by an additional 270 days. Meanwhile, Kevin O’Leary, a prominent commentator, noted in media interviews that the TikTok ban deadline had already been extended twice by 75-day increments and speculated that a third extension was unlikely.
The legal challenges and court rulings centered on balancing national security interests against the free speech rights of TikTok users. The Supreme Court ultimately sided with the government, stating that the divestiture requirement was justified and did not violate First Amendment rights. The final deadline for the ban extension was reported to expire in mid-June, adding further urgency to the resolution of TikTok’s fate in the United States.
Cybersecurity and Privacy Risks
Concerns about TikTok’s cybersecurity and privacy risks have played a central role in the debate over the app’s availability in the United States. The core issue revolves around the potential for user data to be accessed by the Chinese government due to TikTok’s ownership by ByteDance, a China-based company. U.S. officials and lawmakers fear that TikTok could be exploited for espionage, political influence operations, and collection of personal data on American users.
One key aspect of the risk is that Chinese law mandates companies to cooperate with state authorities on national security matters, potentially allowing the Chinese government to compel ByteDance to provide user data. Although TikTok has repeatedly denied sharing U.S. user data with the Chinese government and maintains that its data-sharing practices are subject to U.S.-based oversight, concerns persist. TikTok’s privacy policy explicitly allows data sharing with its parent company ByteDance and other governments when legally required, fueling doubts about its ability to safeguard American data fully.
Further complicating the issue, cybersecurity research has produced mixed findings regarding whether TikTok transmits data to servers in China. While early analyses did not find evidence of such data transfers, a 2022 report from an Australian cybersecurity firm detected communications with servers located in Baishan, China. This has raised alarms about the app’s data flows and potential vulnerabilities.
In response to these risks, the U.S. government and regulatory bodies have considered measures including enhanced transparency requirements and external oversight of TikTok’s operations. The Committee on Foreign Investment in the United States (CFIUS) could mandate that TikTok comply with independent third-party monitoring rather than self-regulation, aiming to mitigate the national security threat posed by the app. Additionally, legislation such as the Deterring America’s Technological Adversaries (DATA) Act has been introduced, granting the President authority to ban TikTok outright if national security concerns are deemed significant enough.
TikTok has sought to alleviate concerns by routing all U.S. user traffic through servers controlled by Oracle in California and negotiating agreements with the Biden administration to “fully safeguard” the app’s operation in the U.S.. Despite these efforts, skepticism remains about whether such measures are sufficient to address the systemic risks inherent in software tied to a foreign adversary with extensive espionage capabilities.
The legal challenges surrounding TikTok’s ban emphasize the balance between national security and constitutional rights. While courts have recognized the government’s concerns as justifying restrictions, advocates for the app argue that less drastic measures could protect privacy without infringing on freedom of expression. As of mid-2024, the issue remains contentious, reflecting the broader challenge of managing cybersecurity risks in an interconnected global digital ecosystem.
Legal and Regulatory Considerations
The legal and regulatory landscape surrounding TikTok’s operation in the United States has been complex and contentious, centered on national security concerns and constitutional rights. The Protecting Americans from Foreign Adversary Controlled Applications Act (PAFACA), passed by Congress and signed into law by President Joe Biden in 2024, set a deadline for TikTok to either divest from its Chinese ownership or face a ban in the U.S. This legislation was challenged by TikTok but ultimately upheld by the Supreme Court, which ruled that the law did not violate the First Amendment despite TikTok’s arguments regarding free speech rights of its users and the company itself.
The Supreme Court acknowledged the expedited nature of the case and emphasized that its ruling was intended to be TikTok-specific rather than a broad precedent affecting other companies. The Court accepted the government’s national security rationale, pointing to concerns over TikTok’s data collection practices and its relationship with a foreign adversary. TikTok sought an injunction to block the ban pending a full review, aiming to secure a pause that would allow the Court more time for orderly consideration.
In response to the legislation, TikTok voluntarily suspended its U.S. operations on January 18, 2025, just before the ban’s deadline, although President Biden chose not to enforce the ban directly. The law also grants the president the ability to extend the deadline for a sale if there is “significant progress” toward transferring TikTok to a non-Chinese owner and if the deal can be completed within the extension period. However, the practical application of such extensions remains unclear, and Kevin O’Leary, a business commentator, speculated that a third extension would unlikely be granted, noting the administration was already on its second 75-day extension.
Legislators have expressed divided views on the matter. Some members of Congress, including Senators Markey and Rand Paul and Representative Ro Khanna, submitted bipartisan briefs urging the Supreme Court to reverse lower court decisions upholding the ban, arguing for less drastic measures to address data security without infringing constitutional rights. Meanwhile, experts and regulatory bodies have proposed mechanisms like enhanced oversight by the Committee on Foreign Investment in the United States (CFIUS) to monitor TikTok’s operations more transparently and to require external third-party compliance verification. Such proposals echo TikTok’s own “Project Texas” plan, though critics argue that self-policing by TikTok is insufficient given the broader risks posed by Chinese technology.
The overarching challenge remains how to manage national security risks posed by deep technological ties to China while balancing privacy, free speech, and market considerations. Proposals include passing a national privacy law, increasing transparency in software supply chains, and enhancing regulatory authority to address the presence of Chinese software deemed a security threat. The Department of Commerce’s Office of Information and Communications Technology and Services has been suggested as a potential lead in surveying and addressing these risks under existing authorities like the International Emergency Economic Powers Act (IEEPA).
Political and Economic Implications
Concerns about TikTok’s national security risks have prompted significant political debate in the United States. Lawmakers have identified three primary dangers associated with the app: its potential use as a tool for Chinese government influence operations targeting U.S. politics, the extensive personal data collection on American users, and the possibility of content manipulation to fuel misinformation campaigns. These concerns are amplified by Chinese laws that permit the government to demand data from companies operating within its jurisdiction, raising fears that TikTok could be compelled to share sensitive information. Politically, this has led to legislative proposals such as the Deterring America’s Technological Adversaries (DATA) Act, which would empower the President to ban TikTok outright.
The debate also touches on broader issues of free speech and censorship. TikTok’s legal team has argued that banning the app would severely impact the free speech rights of millions of American users, especially given the platform’s popularity among younger demographics. The courts have acknowledged national security concerns but ruled that such measures do not violate First Amendment rights, highlighting the complex balance between security and individual freedoms. Resistance to banning TikTok is expected to be significant, with concerns about alienating young voters and disrupting social and economic activities tied to the platform.
Economically, TikTok’s dominance in the U.S. market presents a dilemma. No company wants to lose access to its largest user base, and the app plays a critical role in the livelihoods of many content creators who rely on it for income. This economic dependency complicates efforts to impose bans or restrictions. Meanwhile, high-profile bids have emerged from companies like AI startup Perplexity, Amazon, and Applovin to acquire TikTok’s U.S. operations, with entrepreneur Kevin O’Leary expressing continued interest despite regulatory hurdles. The ongoing negotiations and potential sales underscore the app’s substantial market value and the geopolitical challenges of disentangling American tech users from Chinese ownership.
Future Outlook
The future of TikTok in the United States remains uncertain amid ongoing national security concerns and political debates. Various proposals and negotiations aim to address data privacy issues while preserving access to the popular app. One significant initiative, Project Liberty, envisions migrating TikTok’s U.S. user base to a domestically built digital infrastructure supported by private equity and debt financing from major American banks. This plan reflects a broader effort to reduce TikTok’s reliance on Chinese-owned infrastructure and mitigate security risks.
Simultaneously, TikTok is reportedly close to reaching a deal with the Biden administration intended to fully safeguard American user data. The company has taken steps such as routing all U.S. user traffic through Oracle-controlled servers in California, an arrangement meant to ensure compliance with U.S. national security standards and to assuage governmental fears about Chinese government data access.
Despite these efforts, concerns remain high at the legislative and regulatory levels. Recent discussions have highlighted three major security threats associated with TikTok: its potential use in Chinese government influence operations targeting U.S. politics, the collection of personal data on American users, and the broader implications of dependence on software linked to a geopolitical adversary. These concerns have led to bipartisan legislative proposals, including the Protecting Americans from Foreign Adversary Controlled Applications Act, which President Joe Biden has expressed support for, underscoring the need for a balanced approach that protects free speech while addressing security vulnerabilities.
Legal challenges also contribute to the uncertain outlook. While courts have upheld governmental actions against TikTok on grounds of national security, critics argue that less drastic measures could address data risks without infringing on constitutional rights, reflecting ongoing tensions between security and civil liberties. TikTok’s growing cultural and economic impact further complicates efforts to impose bans, as many users and creators depend on the platform, and any removal could have significant financial consequences.
Internationally, Canada and other allies have taken similarly cautious stances, with Canada banning TikTok on government devices and initiating security reviews of the company under foreign investment laws. These moves reflect a coordinated concern among Western countries about the risks posed by foreign-controlled technology platforms.
Looking ahead, the resolution of TikTok’s status in the U.S. and allied countries will likely depend on a combination of legislative action, regulatory oversight, corporate restructuring, and international cooperation. Prominent investors like Kevin O’Leary have publicly speculated that a third extension of TikTok bans in the U.S. may not occur, suggesting that market-driven solutions or government-approved restructurings could pave the way forward without further prolonged legal battles. Nonetheless, the evolving geopolitical climate and rapid technological changes ensure that TikTok’s future will remain a closely watched and contentious issue.
The content is provided by Harper Eastwood, Scopewires
