Business
Congress is threatening to ban TikTok. Here's what you should know
The House of Representatives’ lopsided vote Wednesday in favor of a bill banning TikTok in the U.S. unless it is freed from Chinese control suggests the wildly popular short-video app could soon join Netscape and Myspace in the dustbin of history.
But the situation is far more complicated than that.
Policymakers agree that TikTok poses unique privacy and security threats because of the Chinese government’s influence over its owner, Beijing-based ByteDance. But the app has a powerful, albeit newly converted, backer in former President Trump, meaning that Republicans who would ordinarily support any bill to lessen Chinese influence are torn on the TikTok proposal.
Beyond that, TikTok captures the attention of an estimated 150 million Americans each month, roughly half of whom are active users, making it one of the most popular apps in the country — despite concerns about privacy, misinformation and harm to young users. The potential ban has drawn fiery objections from across the country, including from entrepreneurs, small businesses and marketers who say it would be a financial shock.
Some opponents of a ban have called it a violation of the 1st Amendment. Others wondered why TikTok was being singled out as a threat, considering how many apps hoover up their users’ personal data. And some argued that the bill would benefit only U.S. tech giants Meta, the owner of Facebook and Instagram, and Alphabet, the owner of YouTube.
Here’s a quick rundown of what’s happening and why, and what it means for TikTok users.
What does the bill seek from TikTok?
The House-passed bill seeks to do the same thing Trump sought to do as president: take TikTok out of the hands of a Chinese company subject to Chinese law. The Trump administration went so far as to ban TikTok in the United States in 2020. That order was blocked by two federal courts, however, which held that the administration had overstepped its authority.
ByteDance, an internet-focused, venture-capital-funded startup founded in China in 2012, owns 100% of TikTok. Although outside investors control 60% of ByteDance, according to Axios, the Chinese company retains operational control.
The new bill, which sped through the House, would prohibit companies from distributing, maintaining or updating a “foreign adversary controlled application,” or providing internet hosting services for companies that do any of those things. It defines “foreign adversary controlled application” as ByteDance, TikTok and its successors, although it would give the president the power to name other social media and communications apps with 1 million or more users that are controlled by people residing in a “foreign adversary country.”
If passed by the Senate and signed into law, the measure would give ByteDance 180 days to end Chinese control, which would require it to limit Chinese investors to a 20% stake in the company. That would probably require ByteDance to spin off TikTok into an independent company with more limited Chinese investment.
If ByteDance did not comply, the bill would require it to let users retrieve all their data, including all information about their preferences, views and uploads, in a format that could be transferred to another social media app.
Who uses TikTok?
According to Pew Research Center, 33% of U.S. adults said last year that they use TikTok. That’s a lot of people, yet it pales in comparison with the number using other major social media platforms. According to Pew, 83% of U.S. adults said last year that they use YouTube and 47% said they use Instagram.
Young people are far more likely to use TikTok than their parents, but even they make heavier use of YouTube and Instagram. According to Pew, 62% of 18- to 29-year-olds say they use TikTok, as do 63% of 13- to 17-year-olds.
“To me, TikTok is modern-day television and so any kind of disturbance of it would really hurt people — not just creators — because people really enjoy it,” said television personality Foodgod, formerly known as Jonathan Cheban.
Foodgod, who has 8.5 million followers for his food and lifestyle videos on TikTok, said he cycles through the social media apps on his phone every hour and enjoys the more casual vibe on TikTok. Banning it, he said, would be “literally like going into someone’s room and ripping their TV out of the wall, which I think is insane.”
“But honestly, I think TikTok is here to stay. There’s too many people on it and too many people love it,” he said. “It feels like you’re so much freer on TikTok to do what you want. It’s not like Instagram — everything is so structured and you have to make it perfect.”
Could the government really ban TikTok?
Passing the Senate might be the smallest hurdle remaining for a TikTok ban.
ByteDance and other opponents of the bill are almost certain to challenge it in court on 1st Amendment grounds, just as they successfully challenged Montana’s attempt to ban the app. Defenders of the bill say it doesn’t impinge on free speech because it targets ByteDance’s conduct, not the content on the app. But critics counter that the bill wouldn’t protect Americans from having their data harvested by foreign interests.
Telecom industry experts say that it’s technically possible to ban TikTok, but there are issues.
First, the bill wouldn’t remove TikTok from the phones that already have it. It would, however, bar companies from providing TikTok updates, which could render the app unusable over time as phone operating systems change.
Second, although the bill would force Google Play and Apple’s App Store to stop distributing TikTok’s app in the U.S., it wouldn’t apply to non-U.S. sources of phone software, nor would it be easy to enforce on unofficial sites online. So the app and its updates would remain available to people willing and able to “sideload” them from such sources.
That’s not hard on an Android phone, but on an Apple iPhone, it’s trickier — at least for now. Apple has just started allowing a form of sideloading in Europe, in response to the European Digital Markets Act.
There’s a trade-off to this approach, however, said Emma Llansó, former director of the Free Expression Project at the Center for Democracy and Technology. Without regular privacy and security updates, the app would become “a great target for people looking to exploit out-of-date software,” she said, adding, “It creates this other kind of vulnerability that would be affecting millions of people, including a lot of young people.”
If the government formally outlawed TikTok, network operators could conceivably block traffic between the company’s servers and U.S. users. But the app’s enormous user base may rush to find ways to circumvent any barriers, such as using virtual private networks to connect to TikTok through other countries, said Michael Calabrese, director of the Wireless Future Project at New America. “Savvy Chinese can do it, so [it] should be so much easier here,” Calabrese said. “I wouldn’t be surprised if this became a thing.”
What would a ban mean for content creators and small businesses?
An effective ban — which, again, is not a sure thing even if the bill becomes law — would mean at least three things for content creators.
Established creators would be cut off from the loyal audience of followers they’d worked to build. New and established creators alike would lose access to a giant global marketplace of viewers. And creators of all stripes would have one fewer outlet for their work that offered unique tools and sensibilities.
The same would be true for the estimated 7 million small businesses that use TikTok to boost sales, by the app’s count. According to a survey last year by Capterra, a software consultant, small and medium-size businesses say their marketing efforts get far more engagement on TikTok than on other social media networks.
According to the Capterra survey, businesses have found the social network to be particularly useful in capitalizing on trends, carving out a distinct niche for their brand and educating customers about their products and services.
Granted, there are other platforms for the short videos that make up the vast majority of TikTok content, including Instagram Reels and YouTube #Shorts. Like TikTok, they use secret and mystifying algorithms to decide which videos to show users; the lessons creators learned in TikTok about how to generate views and build an audience may not apply anywhere else.
Anecdotes abound about people who quit their day jobs so they could build a business out of TikTok videos. The platform isn’t just for dancers, lip-synchers and pranksters — it’s also become a serious vehicle for ecommerce. The app launched TikTok Shop in September, quickly powering $7 million in sales a day.
“I’m kind of in denial to be honest,” said Kelsey Martinez, 32, a TikTok creator who lives in Pasadena. “It just never occurred to me that this could actually happen. If TikTok were to go away tomorrow, it would completely change my entire life.”
Martinez joined the platform in 2022, mainly posting about her weight-loss journey. Last summer, after expanding her videos to include fashion, beauty and lifestyle content, her TikTok account took off, growing to more than 287,000 followers today. She gets a cut of the sales made from product links included in her videos, and has landed brand deals with skin-care companies Murad and Salt & Stone as well as Lizzo’s shapewear brand, Yitty.
“I actually stepped away from my full-time position because I’ve been able to make a living and make multiple times my yearly salary through TikTok. And so, really, it’s everything,” said Martinez, who previously worked in human resources for a nonprofit.
“This is what I do, this is my job. I would definitely take a hit if it were to go away,” she said.
Many creators say they already cross-post their TikTok videos to Instagram and other platforms (and vice versa), although the results can differ dramatically and unpredictably. TikTok creators who aren’t already putting their work on multiple platforms have a few months to do so before a federal ban could take effect.
Bear in mind that the sites have different approaches to monetizing videos and generating revenue for creators. And building an audience presents a different challenge on each platform; for example, Meta-owned Facebook and Instagram encourage creators to pay to target their content to particular types of viewers, while building an audience on TikTok is more organic, said Kellis Landrum, co-founder of Los Angeles marketing agency True North Social.
TikTok influencer Ashley Dunham has been following news of the proposed ban carefully and has already made some adjustments to her social media strategy.
“I’ve been starting to post more of my content over on Instagram and it’s surprisingly getting some traction,” said Dunham, whose posts chronicle her experience with semaglutide (the active ingredient in Ozempic), plastic surgery and polycystic ovary syndrome. “The one downside about Instagram is that it’s always two weeks behind on trends.”
The 33-year-old from Jacksonville, Fla., called the possible TikTok ban “a disservice to not only creators but Americans as a whole,” saying U.S.-based apps similarly collect personal data from users and can be manipulated.
What would a ban mean for parents?
Aside from the national security concerns surrounding China’s access to TikTok users’ personal data, the biggest complaint about the app is how well it holds the attention of young users. In Pew’s survey last year, 17% of teens said they use TikTok almost constantly, and an additional 32% used it several times a day.
Other concerns are more safety related, including fears that TikTok’s videos can fuel eating disorders and that the videos young people make of themselves will expose them to predators. The app’s default settings try to address those concerns, although the settings can be changed or circumvented by determined users.
If TikTok were to disappear tomorrow, that wouldn’t stop kids from staring at their cellphones for hours on end. According to Pew’s survey, 46% of teens said they were online almost constantly — far more than the percentage glued to TikTok. An additional 47% said they were online several times per day.
And the complaints raised about TikTok in terms of its addictiveness, reinforcement of unhealthy behavior and risk of predation have been leveled at other social networks as well.
Business
California’s gas prices push Uber and Lyft drivers off the road
The highest gas prices in the country are making it tougher for some gig drivers to make a living.
Gas prices have shot up amid the war in the Middle East. On average, California gas prices are the most expensive in the United States, according to data from the American Automobile Assn. The average price of regular gas in California is almost $6. The national average is a little above $4.
While Uber and Lyft drivers have concocted clever ways to cut gas consumption, they say that without some relief they will be forced to leave the ride-hailing business.
John Mejia was already struggling to make money as a part-time Lyft driver when soaring gas prices made his side hustle even harder.
“Unfortunately, it’s the economics of paying less to drivers and gas prices,” he said. “It actually is pulling people out of the business.”
Guests at The Westin St. Francis hotel get into an Uber.
(Jess Lynn Goss / For The Times)
Gig work offers drivers the freedom to work for themselves and more flexibility, but being independent contractors also means they must shoulder unexpected costs.
Ride-sharing companies say they’re trying to help, but drivers say the gas relief comes with caveats. For now, drivers say they’re being pickier about what rides they accept, cutting hours and are looking at other ways to make money.
Mejia, who started driving for Lyft more than a decade ago, said in his early days, he would sometimes make $400 in three hours. Now it takes 12 hours to rake in $200.
The San Francisco Bay Area consultant is an active member of the California Gig Workers Union, so he knows he isn’t alone. California has more than 800,000 gig rideshare drivers, according to the group, which is affiliated with the Service Employees International Union.
On social media sites such as Reddit and Facebook, gig workers have posted about how the higher gas prices are eating into their earnings. Among the tricks they are suggesting: reducing the number of times the ignition is turned on or off, avoiding traffic, working in specific neighborhoods and at times with high demand and switching to electric vehicles.
Gig drivers usually have only seconds to decide whether to accept a ride on the app, but they have become more strategic about which rides and deliveries they accept.
That means they are more likely to sit back in their cars and wait for higher fares for quick pick-up and drop-off.
“I highly recommend the ‘decline and recline’ strategy, rejecting unprofitable rides until a better one appears,” wrote Sergio Avedian, a driver, in the popular blog the Rideshare Guy.
Pedestrians cross the street in front of a Lyft and Uber driver on Wednesday. High gas prices have made it hard for gig drivers to make a living, cutting into their profits.
(Jess Lynn Goss / For The Times)
Uber, Lyft and other companies have unveiled several ways to help drivers save on gas.
Uber said drivers can get up to 15% cash back through May 26 with the Uber Pro card, a business debit Mastercard for drivers and couriers. Based on a worker’s tier, they can get up to $1 off per gallon of gas through Upside — an app that offers cash rewards — and up to 21 cents off per gallon of gas with Shell Fuel Rewards. The company also offers incentives for drivers who want to switch to electric vehicles.
“We know the price of gas is top of mind for many rideshare and delivery drivers across the country right now,” Uber said in a blog post about its gas savings efforts.
Lyft also said it’s expanding gas relief through May 26 because the company knows that the extra cost “hits hardest for drivers who depend on driving for their income.”
The company is offering more cash back, depending on the driver’s tier, for drivers who use a Lyft Direct business debit card to pay for gas at eligible gas stations. They can get an additional 14 cents per gallon off through Upside.
Drivers say the fine print on the offers dictates which card they use and where they fill up gas, making it difficult for them to save money.
“If I do the math, it’s ridiculous,” Mejia said. “They’re offering us nothing.”
Uber declined to comment, but pointed to its blog post about the gas relief efforts. Lyft also referenced the blog post and said “the gas savings were structured through rewards to maximize stackable opportunities.”
Guests at The Westin St. Francis hotel get into an Uber.
(Jess Lynn Goss / For The Times)
Gig workers have struggled with rising gas prices in the past.
In 2022, Lyft and Uber temporarily added a surcharge to their fares amid record-high gas prices following Russia’s invasion of Ukraine. This year, Uber is adding a fuel charge to its fares in Australia for roughly two months to offset the high cost of gas for drivers. Lyft said it hasn’t added a fuel charge in the U.S. or elsewhere.
Margarita Penalosa, who drives full time for Uber and Lyft in Los Angeles, started as a rideshare driver in 2017. Back then, gas was cheaper. She would easily hit her goal of making $300 in eight hours. Now she’s making just $250 after working as much as 14 hours.
Gas prices, she said, used to be less than $3 per gallon. Now some gas stations are charging more than $8 per gallon.
“Take out the gas. Take out the mileage from my car and maintenance. How much [do] I really make? Probably I get $11 for an hour,” she said.
Jonathan Tipton Meyers wants to spend fewer hours as a rideshare driver.
He already juggles multiple gigs even while driving for Uber and Lyft in Los Angeles. He’s a mobile notary and loan signing agent, a writer and performer.
Driving is “a very challenging, full-time job,” he said. “It’s very taxing and, of course, wages were just continually decreasing.”
John Mejia, a longtime Lyft and Uber driver, poses for a portrait before attending a meeting about unionizing gig drivers.
(Jess Lynn Goss / For The Times)
Even if oil continues to flow through the Strait of Hormuz, which Iran reopened Friday, it could take a while for gas prices to come down to earth, said Mark Zandi, the chief economist at Moody’s Analytics.
“There’s an old adage that prices rise like a rocket and fall like a feather,” he said. “I think that’ll apply.”
In the meantime, it will be survival of the fittest drivers. If enough of them decide to leave the apps, the ride-hailing companies could be forced to raise fares further to attract some back.
“Those who approach rideshare driving strategically, tracking expenses, choosing trips carefully, and optimizing efficiency are far more likely to weather periods of high gas prices,” wrote Avedian in the Rideshare Guy blog. “For everyone else, a spike at the pump can quickly turn rideshare driving from a side hustle into a money-losing venture.”
Business
‘We’ve lost our way’: Clifton’s operator gives up on downtown Los Angeles
The proprietor of Los Angeles’ legendary Clifton’s has given up on reopening the shuttered venue.
It’s just too difficult to do business in downtown’s historic core, he says.
Andrew Meieran bought Clifton’s on Broadway in 2010 and poured more than $14 million into repairs, renovations and upgrades, adding additional bar and restaurant spaces in the four-story building. In 2018, he found that demand for cafeteria food was too low to be profitable, and he pivoted to a nightclub and lounge concept called Clifton’s Republic, featuring multiple dining and drinking venues. Meieran has tried elaborate themed environments, such as a tiki bar and forest playgrounds, and renting out the location for big events to spark more interest.
It was never easy, but during and since the pandemic, the neighborhood has grown increasingly unsafe as downtown has emptied of office workers and visitors.
Storefronts are gated up due to vandalism in the historic district in downtown Los Angeles on Tuesday.
(Eric Thayer / Los Angeles Times)
The alley behind Clifton’s Cafeteria in the downtown historic district Tuesday.
(Eric Thayer / Los Angeles Times)
Vandalism has been rampant, with graffiti appearing on the historic structure almost daily. Vandals would use acid or diamond glass cutters to deface the windows, often cracking the glass. It would cost Meieran more than $30,000 each time to replace the windows. Insurance companies either stopped offering policies that covered vandalism or raised premiums by as much as 600%, he said.
There has been continuous crime in the area, he said, including multiple assaults on people in front of his building. He last shut the venue last year, hoping things would improve and he could come back with a business that could work. Now he has given up. Someone else may take over the space or even the name of the historic spot, but he is done trying.
“We’ve lost our way,” Meieran said. “I want to get up on the tops of the skyscrapers and yell that people need to pay attention to this.”
The disenchantment of a business leader who used to be one of downtown L.A.’s biggest backers shines a spotlight on the stubborn safety concerns, rising costs and thinner foot traffic that have made it increasingly difficult for even iconic businesses to survive.
The once-popular institution dates back to 1935, when it was a Depression-era cafeteria and kitschy oasis that sold as many as 15,000 meals a day when Broadway was the city’s entertainment hub.
It served traditional cafeteria food such as pot roast, mashed potatoes and Jell-O in a woodsy grotto among fake redwood trees and a stone-wrapped waterfall reminiscent of Brookdale Lodge in Northern California.
It’s not the only once-prominent destination that has failed to find a way to flourish in today’s market. Cole’s, one of L.A.’s most famous restaurants and often credited with inventing the French dip sandwich, closed last month after a 118-year run.
“The bigger problem for us and the rest of the industry is the high cost of doing business,” said Cedd Moses, who used to operate Cole’s and has backed many other bars and restaurants in historic buildings downtown for decades. “That’s what is killing independent restaurants in this city.”
Outside of Clifton’s Cafeteria.
(Eric Thayer / Los Angeles Times)
Clifton’s Republic owner Andrew Meieran stands next to a boat on the top floor of the historic restaurant in 2024.
(Wally Skalij / Los Angeles Times)
Clifton’s opened and closed repeatedly during the pandemic and, more recently, after a burst pipe caused extensive damage. Meieran opened it for special events such as last Halloween, but it has otherwise been closed.
Police are woefully understaffed and hampered by public policy, said Blair Besten, president of downtown’s Historic Core Business Improvement District, a nonprofit that arranges graffiti removal, trash pickup and safety patrols in the area.
Businesses and residents in the area would like to see a bigger police presence, but there have been protests against that by people who are not from downtown, she said.
“People are starting to see the fruits of the defunding movement,” she said. “It has not led us to a better place as a city.”
The Los Angeles Police Department is making progress downtown, Captain Kelly Muniz said, with violent crime down more than 10% from last year.
“While we’re working very hard to solve crime, to prevent crime, there are still elements such as trash, open-air drug use, homelessness and graffiti,” she said. “We’re swinging in the right direction.”
Retailers have been opting out of downtown L.A., said real estate broker Derrick Moore of CBRE, who helps arrange commercial property leases. Brands have headed to more vibrant nearby neighborhoods such as Echo Park and Silver Lake.
“A lot of operators are just electing to skip over downtown,” he said. “They’re leasing spaces elsewhere, where they feel they have a greater chance at higher sales.”
A man walks past a pile of trash left on the street in the historic district.
(Eric Thayer / Los Angeles Times)
While some businesses are struggling, many downtown residents say their perceptions of safety are improving and that the area is regaining some vibrancy.
“A lot of people live here. I think people forget that,” Besten said. “We’re all surviving. It’s just hard for all the businesses to survive.”
A green shoot for the Historic Core is Art Night on the first Thursday of every month, when 50 or 60 locations, including permanent art galleries and pop-up galleries in unused storefronts, display art to map-toting visitors who come for the occasion.
They often end up in Spring Street bars, which more typically thrive on weekend nights but are still a draw to downtown.
“I think nightlife will thrive downtown, since bars attract people that don’t mind a little grittier atmosphere,” said Moses. “Our sales are hitting new records at our bars downtown, fortunately, but our costs have risen dramatically.”
A closed sign for Clifton’s Cafeteria.
(Eric Thayer / Los Angeles Times)
Clifton’s former backer, Meieran, says he doesn’t think things are going to bounce back enough to warrant more massive investment. He has sold the building, and the owner is looking for a new tenant to occupy Clifton’s space. He still controls the Clifton’s name.
While there is still a chance he could let someone else use the name Clifton’s, Meieran is done for now — too many bad memories.
“There was a guy who was terrorizing the front of Clifton’s because he decided he wanted to live in the vestibule in front, and he didn’t want us to operate there,” Meieran said. “He would threaten to kill anybody who came through.”
He doesn’t believe official statistics that show crime and homelessness are way down in the area, and he doesn’t want to restart a business when criminals can so easily erase his hard work.
“What business that’s already on thin margins can survive that?” he said.
Business
If you shop at Trader Joe’s, it may owe you $100
Trader Joe’s customers might soon get a payout from the popular grocery chain.
The Monrovia-based company agreed to a $7.4-million settlement in a class action lawsuit that claimed customers were left vulnerable to identity theft.
Customers who purchased items with a credit or debit card from March to July in 2019 might be eligible for a payment as part of the settlement.
The plaintiff alleged that some receipts printed in 2019 included 10-digit credit or debit card numbers —double what’s allowed under the Fair and Accurate Credit Transactions Act.
Trader Joe’s “vigorously denies any and all liability or wrongdoing whatsoever,” the grocery chain said in the settlement website. The grocery chain decided to settle to avoid a long and costly litigation process.
The payout will go toward paying impacted customers as well as attorney fees and other expenses.
About $2.6 million will go toward attorney fees, and the plaintiff will receive a $10,000 incentive payment, according to the settlement. The remaining funds will be distributed evenly among customers who submit valid claims.
It’s unclear how much money each customer would get, but the payout could be about $102, according to the settlement notice.
To receive the payout, customers must have received a receipt displaying the first six and last four digits of the card number.
Some customers identified as part of the settlement class have been notified and received a class ID number to file a claim.
Customers have from now until June 6 to file a claim online or by phone.
A customer not identified in the settlement can still submit a claim by entering the first six and last four digits of the card used, along with the date it was used at Trader Joe’s.
Brian Keim, the plaintiff who brought the case, used his debit card at stores in Florida in 2019. He said some stores printed transaction receipts that included the first six and last four digits of customers’ card numbers.
The receipts did not include other personal information, such as the middle digits of the users’ cards, the cards’ expiration dates, or the users’ addresses. No customer has reported identity theft as a result of the receipts since the lawsuit was filed, the grocer said.
However, identity theft doesn’t require submitting a claim for payment.
The settlement was agreed upon by both the grocer and the plaintiff, but still has to be approved by a court. A hearing is set in August.
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