Former FCC Chairman Ajit Pai has taken a firm stance in support of a federal law that could lead to TikTok’s ban in the U.S., diverging from former President Donald Trump’s evolving position. Pai’s support was outlined in a brief filed with the U.S. Supreme Court, where he argued that the law, passed by Congress last year, is grounded in legal precedent and national security concerns.
Pai’s Support for the Law
Pai, who served as the head of the Federal Communications Commission (FCC), joined forces with Thomas Feddo, a former official in Trump’s Treasury Department, to argue that the law compelling TikTok’s Chinese parent company, ByteDance, to sell the app or face a ban aligns with past national security actions. The law, enacted by Congress in April, gives ByteDance until January 19, 2025, to divest from TikTok and transfer ownership to a non-Chinese entity. Failure to do so could result in the app being shut down in the U.S.
Pai’s legal brief emphasized that the law follows a pattern of actions he initiated as FCC chairman to address national security risks from Chinese companies, particularly in the telecom sector. During his tenure, Pai spearheaded the move to blacklist Huawei and ZTE, two Chinese telecom giants, over concerns about potential espionage, a stance supported by intelligence agencies.
Shifting Stance from Trump
Trump initially pushed for a TikTok ban during his presidency, issuing an executive order in 2020 to force the sale of the app, although a federal judge blocked it. However, Trump’s views have shifted in 2024. After a meeting with Jeff Yass, a major investor in TikTok and a significant Trump supporter, the former president softened his position. Following his re-election, Trump even credited TikTok with boosting his political visibility, particularly due to its promotion of pro-Trump content.
In contrast to Pai’s support for the law, Trump filed his own brief urging the Supreme Court to delay the law’s implementation. The law is set to take effect just one day before Trump’s second inauguration, a timing that raises political and legal questions. Trump’s brief argues that the law infringes on free speech, a position that has garnered support from his allies, who are concerned about the broader implications for digital platforms.
Legal Challenges and the Supreme Court’s Role
TikTok has already filed a legal challenge to the law, arguing that it violates the First Amendment by restricting free speech. The D.C. Circuit Court upheld the law in early December, and TikTok has since appealed to the Supreme Court. The high court is scheduled to hear arguments on January 10, 2025, and its decision could determine the future of the app in the U.S.
Pai’s legal filing is one of several briefs submitted to the Court, with various groups and individuals either supporting or opposing the law. While Pai’s focus is on national security, free speech advocates are raising concerns that the law could pave the way for greater government control over digital platforms.
Pai’s Controversial Legacy at the FCC
Pai’s tenure at the FCC was marked by contentious decisions, particularly his repeal of net neutrality regulations in 2017, which critics argued would allow internet service providers to favor certain content. In 2024, the FCC reinstated net neutrality as a standard. Since stepping down from the FCC in 2021, Pai has taken a position with Searchlight Capital, a private equity firm focused on telecom investments. While Pai’s stance on the TikTok law is clear, it is unlikely he will return to public office under Trump’s administration.
Implications for National Security and the Tech Industry
The TikTok divestiture law reflects broader bipartisan concerns about the influence of Chinese-owned tech companies in the U.S. Many lawmakers believe these companies could potentially share user data with the Chinese government, posing a threat to national security. While ByteDance has consistently denied these allegations, claiming transparency and data protection, the law’s passage highlights the growing scrutiny of foreign-controlled tech platforms.
For Pai, the law represents a continuation of his efforts to protect U.S. interests from foreign entities. He has argued that Congress has consistently identified and acted against Chinese companies posing national security risks, and the TikTok law fits within this pattern.
