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    Home»Business»TikTok deal in the making but key questions remain unanswered
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    TikTok deal in the making but key questions remain unanswered

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    The success of the agreement could herald a new Chapter in US-China digital diplomacy

    THE recent framework agreement between the US and China regarding TikTok’s future represents a pivotal moment in digital diplomacy and international tech governance. 

    After years of regulatory uncertainty, legal battles and geopolitical tensions, the announcement of a “basic framework consensus” signals a potential resolution to one of the most contentious tech policy disputes of the past decade, especially following a direct call between US President Donald Trump and Chinese President Xi Jinping on Friday (Sep 19). According to Trump, Xi had approved the deal.

    The TikTok saga began during Trump’s first term, evolving into a complex web of national security concerns, economic interests and diplomatic negotiations. The Biden administration formalised these concerns in April 2024 by signing legislation that would ban TikTok unless its Chinese parent company, ByteDance, divested its US operations. The law was set to take effect on Jan 19, 2025, creating a deadline that intensified negotiations as Trump returned to office.

    The brief suspension of TikTok’s US services on Jan 18, 2025, demonstrated the real-world impact of this regulatory uncertainty, affecting millions of American users and highlighting the stakes involved for both nations.

    The framework deal: key elements

    While many details remain unsettled, the framework agreement addresses several critical components:

    Ownership structure: The deal appears to involve a shift towards US ownership of TikTok’s American operations, addressing longstanding national security concerns about data access and content control. American investors including tech company Oracle, venture capital firm Andreessen Horowitz and global private equity firm Silver Lake Management are reportedly taking a major stake.

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    Cooperative resolution: Chinese Vice-Commerce Minister Li Chenggang described the agreement as resolving “TikTok-related issues through cooperative means”, suggesting a diplomatic approach. But despite Trump’s announcements, China’s Foreign Ministry has stopped short of confirming the finalised approval, urging the US to provide a “fair and non-discriminatory environment”.

    The algorithm sticking point: A key point of contention is control over TikTok’s powerful recommendation algorithm. Wang Jingtao, deputy director of China’s Central Cyberspace Affairs Commission, told reporters on Sep 15 that the arrangement included agreement over “the use of intellectual property rights”, according to the Associated Press. However, it remains unclear whether ByteDance or the new US-based owners will ultimately control the algorithm, since a licence is not a sale.

    Broader economic implications: The framework extends beyond TikTok itself, incorporating provisions for “reducing investment barriers” and “promoting relevant economic and trade cooperation”, indicating this deal serves as a building block for broader US-China economic relations.

    Strategic implications

    For the US, the framework represents a pragmatic approach to tech regulation that balances national security concerns with economic realities. Rather than pursuing a complete ban, the US appears to have secured operational control while maintaining the platform’s functionality.

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    Key questions about the deal remain. It’s not clear the precise ownership structure of the company, how much control China will retain or whether Congress will approve.

    This approach also demonstrates the Trump administration’s preference for deal-making over regulatory confrontation, highlighted by his proposal that the US government receive a “fee plus” for “just making the deal happen”.

    For China, the agreement prevents a complete loss of one of its most successful global tech exports while potentially opening doors for broader economic cooperation. By agreeing to structural changes that address US security concerns, China may be positioning itself for more favourable treatment across other sectors. The cooperative framing suggests Beijing views this as a strategic compromise.

    For the global tech industry, the TikTok resolution could establish new norms for international tech governance, particularly regarding data sovereignty and cross-border digital services. The framework’s emphasis on “cooperative means” rather than unilateral action may encourage similar collaborative approaches to other international tech disputes.

    Challenges and uncertainties

    Despite the announced framework, significant hurdles remain. 

    First, the sparse details leave critical questions unanswered about ownership percentages, operational control and data handling procedures – especially concerning the algorithm.

    Second, the deal faces significant US congressional scrutiny. Lawmakers from both parties have expressed concern that the framework may not fully sever operational ties with ByteDance, signalling the issue is not resolved on Capitol Hill.

    Third, the legality of the process is being questioned. Trump recently extended the divestiture deadline for the fourth time, to Dec 16, although the 2024 National Security law allows for only one extension. 

    And finally, after experiencing years of uncertainty, TikTok must rebuild user and creator confidence in the platform’s stability in the US.

    The TikTok framework agreement represents more than just the resolution of a single app’s regulatory status. It embodies the complex intersection of technology, national security, economic policy and international diplomacy in the digital age.

    The timing, early in Trump’s second term, and the direct involvement of both heads of state, could potentially set the tone for his administration’s approach to US-China relations. While significant challenges remain in translating this framework into operational reality, the cooperative approach demonstrated in these negotiations offers a potential model for managing future similar conflicts in a deeply interconnected global tech ecosystem.

    The success or failure of this agreement will likely shape not only the future of a social media giant but also the broader trajectory of US-China relations and global tech governance. As details emerge and implementation begins, this deal will serve as a critical test case for whether diplomatic engagement can effectively address the national security and economic concerns that define modern tech policy.

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