> The Act exempts a foreign adversary controlled applica- tion from the prohibitions if the application undergoes a “qualified divestiture.” §2(c)(1). A “qualified divestiture” is one that the President determines will result in the appli- cation “no longer being controlled by a foreign adversary.” §2(g)(6)(A).
> The President must further determine that the divestiture “precludes the establishment or maintenance of any operational relationship between the United States operations of the [application] and any formerly affiliated entities that are controlled by a foreign adversary, including any cooperation with respect to the operation of a content recommendation algorithm or an agreement with respect to data sharing.”
The content recommendation algorithm is TikTok. It is developed in China by Chinese engineers. There is no lawful way for TikTok to operate under this law, and the SC has completely failed by not considering this. It's a really lazy judgement.
Probably the outcome Congress was hoping for is that it gets sold to a US buyer who would operate TikTok with the technology under license, and everyone would just pretend that now it's operated by a US interest despite that being impossible. Like sure, they would be running the servers, but the code would largely still be written in China!
Edit: Actually it would be kind of worse, because thinking about it TikTok has a lot of engineers outside China now, so how would it even work? Would they fork the code and then that would be it? It's such a crazy proposition.
This feels like a fast track path to an oligarch system ? Pay enough and get your exception..