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Technology
18 September 2025

TikTok’s Fate In America Hangs On Divestiture Deal

A tentative US–China agreement could avert a TikTok ban, but regulatory hurdles, political wrangling, and new youth-safety laws keep the app’s future uncertain for users and marketers alike.

TikTok, the short-form video app that has become a cultural phenomenon in the United States, remains at the center of a high-stakes geopolitical standoff as the clock ticks toward yet another deadline for its Chinese parent company, ByteDance, to divest its U.S. operations. Despite a Supreme Court ruling earlier this year upholding a law that would force ByteDance to sell TikTok’s American business or face a nationwide ban, the app continues to operate, its fate hanging in the balance as political, legal, and business maneuvers unfold at a dizzying pace.

On September 15, 2025, U.S. Treasury Secretary Scott Bessent announced that Washington and Beijing had reached a tentative “framework agreement” to shift TikTok to U.S.-controlled ownership, addressing persistent national security concerns about the app’s data handling and algorithmic control. As reported by the Associated Press, this agreement comes just days before the most recent divestiture deadline, which had been set for September 17 under the Protecting Americans from Foreign Adversary Controlled Applications Act (PAFACA). The White House formally extended enforcement of that law, creating vital breathing room for negotiators to hammer out the details.

According to Reuters, President Donald Trump, who returned to the White House in January, issued an executive order extending the divestiture deadline for a fourth time—now set for December 16, 2025. The move aims to give U.S. and Chinese officials time to finalize an agreement that could keep TikTok alive in the American market. The framework under discussion would see a consortium led by Oracle, Silver Lake, and Andreessen Horowitz take control of 80% of TikTok’s U.S. operations. ByteDance would retain a minority stake, but Oracle would be responsible for managing all American user data—a key point for U.S. regulators worried about foreign access to sensitive information.

However, the proposed deal is far from a done deal. It still requires approval from U.S. national security agencies and may also need a nod from Congress, as the 2024 law mandating divestiture remains in effect. One sticking point is TikTok’s algorithm, the secret sauce that powers its addictive feed. Developed by ByteDance, the algorithm could still be subject to Chinese oversight even if ownership shifts—a concern that has not gone unnoticed by lawmakers.

As the legal and diplomatic wrangling continues, TikTok’s future in the U.S. remains uncertain. The app briefly “went dark” for many Americans on January 18, 2025, following the Supreme Court’s decision to uphold the ban. But it quickly returned after President Trump promised to fight the shutdown, signing an executive order on January 20 to stall enforcement. “At least as I understand it, we go dark,” TikTok attorney Noel Francisco told the Supreme Court. “Essentially, the platform shuts down.” He added, “On January 19th, we still have President Biden, and on January 19th, as I understand it, we shut down. It is possible that come January 20th, 21st, 22nd, we might be in a different world. Again, that's one of the reasons why I think it makes perfect sense to issue a preliminary injunction here and simply buy everybody a little breathing space.”

Political efforts to find a middle ground have been mixed. U.S. Senator Ed Markey proposed extending the divestiture deadline by 270 days, but Republican Senator Tom Cotton blocked the measure. Meanwhile, speculation swirls about potential buyers. Some Chinese officials have floated Elon Musk as a possible acquirer, believing he could be trusted by Beijing, but TikTok has publicly denied this scenario. Private equity groups led by Frank McCourt and Kevin O’Leary have expressed interest in buying TikTok’s U.S. operations—though without the current algorithm, which would mean rebuilding the platform’s core technology and trying to lure back its massive audience of 170 million American users. As McCourt noted in an interview, building a replacement algorithm and regaining the audience could take a year, potentially giving rival platforms like Chattr and Fanbase a head start.

Beyond ownership drama, TikTok faces new regulatory hurdles at the state level. New York is advancing rules under the SAFE for Kids Act, targeting the app’s algorithmic feeds for minors. The proposed regulations would restrict personalized content for users under 18 without verified parental consent and limit late-night notifications. According to The Washington Post, these changes could reshape how young users discover content on TikTok, forcing brands and creators to adapt their strategies for reaching Gen Z audiences.

Meanwhile, ByteDance is not standing still on the technology front. The company recently launched Seedream 4.0, a new AI image generation and editing model designed to compete with tools from Google and others. Early reports in the trade press highlight the model’s creative capabilities and 4K output, though independent benchmarks remain scarce.

For marketers and influencers, the ongoing uncertainty has been nerve-wracking. Many have built their businesses around TikTok’s unique engagement and reach. As Calvin Scharffs, VP of marketing at Orange 142, explained, “Instagram has more than twice TikTok’s user base but trails in engagement. TikTok’s posts get 5.53% engagement and 44% more comments than Instagram Reels, which sees 4.36% engagement. While Reels’ performance is solid, marketers must adjust their expectations. The same is more or less true for YouTube.” He added that smaller platforms like Triller and Clapper offer unique opportunities for brands to build closer connections with niche audiences, especially as the social media landscape continues to fragment.

Chris Savage, CEO of Wistia, offered practical advice: “Don’t wait. Start backing up your content, analytics and ad data today. Repurpose those assets on Instagram Reels, YouTube Shorts or even LinkedIn, which just made vertical video its default format. Use TikTok’s data to refine your strategy and pivot to platforms that can keep your momentum going.”

The TikTok saga has also exposed the challenges of regulating global digital platforms. A Pew Research Center poll found that support for a TikTok ban among Americans dropped from 50% to 32% between March 2023 and August 2024, with opposition rising from 22% to 28%. The shift cut across political lines, suggesting that TikTok’s grip on American culture may be stronger than lawmakers anticipated.

As the platform’s future hangs in the balance, brands, creators, and everyday users are left to wonder what comes next. Will TikTok’s U.S. operations be sold, and if so, who will own the algorithm that makes the app so popular? Can new regulations protect young users without undermining the creative freedom that defines the platform? Whatever the outcome, the TikTok battle is shaping up to be a defining moment for tech policy, digital commerce, and the future of social media in America.

For now, TikTok remains online, its fate tied to ongoing negotiations and the ever-shifting landscape of U.S.-China relations. The next few months promise more twists and turns as all sides race to determine the future of one of the world’s most influential social platforms.