The Mercury News

Business:

TikTok owner picks Oracle over Microsoft as U.S. tech partner.

- By Matt O’Brien and Tali Arbel

Oracle said Monday that the Chinese owner of TikTok has picked the U.S. company to be its “trusted technology provider,” beating out rival Microsoft in a deal that could help keep the popular video-sharing app running in the U.S.

Oracle spokeswoma­n Deborah Hellinger said she was confirming remarks made by U.S. Treasury Secretary Steven Mnuchin, who told CNBC on Monday that TikTok’s parent company, ByteDance, submitted its proposal to the U.S. government for approval.

“We did get a proposal over the weekend that includes Oracle as the trusted technology partner with Oracle making many representa­tions for national security issues,” Mnuchin said.

Mnuchin said there’s also a commitment to make TikTok’s global operations a U.S.-headquarte­red company with 20,000 new jobs.

TikTok said in a statement Monday that its proposal to the Treasury Department should “resolve the Administra­tion’s security concerns” and emphasized the importance of its app to the 100 million users it claims in the U.S.

President Donald Trump’s administra­tion has threatened to ban TikTok by Sunday and ordered owner ByteDance to sell its U.S. business, claiming national security risks due to its Chinese ownership. The government worries about user data being funneled to Chinese authoritie­s. TikTok denies it is a national security risk and is suing to stop the administra­tion from enacting the threatened ban.

Much remains unclear about the proposed deal with Redwood Citybased Oracle, which is pointedly not referring to it as a sale or acquisitio­n.

Any deal must still be reviewed by the Committee on Foreign Investment in the United States, known as CFIUS, a U.S. government group chaired by the Treasury Secretary that studies mergers for national security reasons.

Mnuchin said he expects the group to review the proposal this week and later make a recommenda­tion to the president.

The president can approve or deny a transactio­n recommende­d by the panel, though Trump has already voiced support for Oracle as a “great company” that could handle the acquisitio­n.

If the arrangemen­t is approved by the U.S. government, TikTok would be allowed to continue operating.

Microsoft said in a Sunday statement that ByteDance “let us know today they would not be selling TikTok’s US operations to Microsoft.”

Proposals to acquire TikTok’s U.S. business raised questions among outside observers about how it would be split from the rest of TikTok’s social media platform, which is popular worldwide. ByteDance also owns a similar video app, Douyin, for the Chinese market.

Microsoft added it was “confident our proposal would have been good for

TikTok’s users, while protecting national security interests.” The company said it “would have made significan­t changes to ensure the service met the highest standards for security, privacy, online safety, and combating disinforma­tion.”

Walmart, which had planned to partner with Microsoft on the acquisitio­n, said Sunday it “continues to have an interest in a TikTok investment” and is talking about it with ByteDance

and other parties.

TikTok, which says it has 100 million U.S. users and about 700 million globally, is known for its fun, goofy videos of dancing, lip-syncing, pranks and jokes. It’s recently become home to more political content such as the comedian Sarah Cooper, who drew a large audience by lip-syncing Trump’s often-disjointed statements from public appearance­s.

But the app has also raised concerns because of its Chinese ownership. The White House has cracked down on a range of Chinese businesses, including telecom equipment makers Huawei

and ZTE and messaging app WeChat, over worries that they would enable Chinese authoritie­s to access U.S. user data. Republican and Democratic lawmakers have raised concerns about censorship and children’s privacy.

TikTok denies that it has shared user data with the Chinese government or that it would do so if asked. The company says it has not censored videos at the request of Chinese authoritie­s and insists it is not a national-security threat.

TikTok has sued to stop the ban, but not the sale order. The negotiatio­ns have

been complicate­d by several factors, including Trump’s repeated demands that the U.S. government should get a “cut” of any deal, a stipulatio­n and role for the president that experts say is unpreceden­ted.

In addition, the Chinese government in late August unveiled new regulation­s that restrict exports of technology, likely including the artificial intelligen­ce system TikTok uses to choose which videos to spool up to its users. That means ByteDance would have to obtain a license from China to export such technology to a foreign company.

“The Chinese government has implied it may block export of TikTok’s AI systems, so that might complicate a direct sale,” said Tiffany Li, a visiting professor at the Boston University School of Law.

She said that TikTok’s AIbacked video recommenda­tion system is one of the app’s competitiv­e advantages.

Whether the Oracle-TikTok deal will allow the sidesteppi­ng of Chinese export restrictio­ns depends on which entity retains control of TikTok in the U.S., said Paul Haswell, a Hong Kongbased partner at law firm Pinsent Masons.

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 ?? NG HAN GUAN — THE ASSOCIATED PRESS ?? Much remains unclear about the proposed deal between Oracle and ByteDance, the parent company to TikTok. Any deal must still be reviewed by the Committee on Foreign Investment in the United States.
NG HAN GUAN — THE ASSOCIATED PRESS Much remains unclear about the proposed deal between Oracle and ByteDance, the parent company to TikTok. Any deal must still be reviewed by the Committee on Foreign Investment in the United States.

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