Trump Administration Says it Will Review Deal After Oracle Confirms Partnership with TikTok
Oracle Corporation has triumphed over Microsoft and Walmart in the contest for the U.S. operations of TikTok. Although negotiations over TikTok's future have largely centered around an outright acquisition, the short-form video app's Chinese parent company ByteDance has chosen the Bay Area software giant as its "trusted technology provider," the company confirmed Monday.
The terms of the deal have not been disclosed. After pushing for TikTok's sale to a U.S. company, President Donald Trump threw his support behind Oracle in mid-August. Oracle's cofounder and CTO Larry Ellison has said he supports Trump and held a campaign fundraising event for him in February.
A TikTok spokesperson said Monday that the company has submitted a proposal to the Treasury Department that would "resolve the administration's security concerns" and let it continue to support its community of 100 million people in the U.S., including those whose livelihoods rely on TikTok.
The news marks the next step in a saga that placed TikTok at the center of the U.S.-China trade war. TikTok's popularity was evidenced earlier this year when the app set a new record for most quarterly downloads. By then, it was facing increased scrutiny from the U.S. and other governments over data security and privacy concerns and worries about foreign interference. Those concerns escalated when the app was banned in India, one of its largest markets, and President Trump issued two executive orders to force ByteDance's hand.
The first, dated August 6, banned any "transaction" by any person or entity with ByteDance and TikTok in 45 days, or after Sept. 20. According to the order, the U.S. Secretary of Commerce will identify exactly which transactions are included in the order, the same day it goes into effect,.
The second order, issued eight days later, mandated that ByteDance divest any assets or property that enable its TikTok operations in the U.S., along with any data collected via the app in the country. It goes into effect within 90 days of the order's issuance, with a possible extension of up to 30 days.
Negotiations slowed briefly when the Chinese government issued new rules in late August limiting what Chinese companies can export. Given the new rule, it's unclear whether Oracle would gain access to TikTok's algorithm for content recommendations, arguably the heart of the application.
Oracle said ByteDance submitted the proposal to the U.S. Treasury Department over the weekend. Treasury Secretary Steven Mnuchin said on CNBC Monday that Oracle's proposal includes making TikTok global a U.S. headquartered company, bringing 20,000 new jobs with it.
The Committee on Foreign Investment in the United States will review the proposal this week for national security implications and make a recommendation to the president, Mnuchin said.
This is not the first time the Trump administration has objected to Chinese-owned companies' presence in the U.S. due to national security concerns. The president banned commercial trade with Chinese telecom giants Huawei Technologies Co and ZTE Corp in a May 2019 executive order, citing the same International Emergency Economic Powers Act that he invoked in the TikTok orders. A year later, this past May, Trump extended that ban to May 2021.
The bans have cost the Chinese companies potentially billions in lost revenue and handicapped their efforts to expand.
In June of this year, the Federal Communications Commission designated the Chinese companies as national security threats, which prohibits U.S. companies from accessing an $8.3 billion government fund if they use telecom equipment from Huawei or ZTE.
FCC Chairman Ajit Pai said then that Chinese law obligates companies to cooperate with their country's intelligence services, which is a U.S. national security risk.
Trump's ban on Huawei and ZTE uses the same legal justification as the TikTok ban, but the effects are likely to be different.
American telecom firms were relatively late to developing 5G technology and are competing with the Chinese telecom giants for the upper hand in controlling these networks, over which massive swathes of the world's data will travel. Among consumers, ZTE and Huawei have never been popular in the U.S.. TikTok has flourished as a place for free expression in the U.S. market and a favorite app of Gen Z.
West Hollywood-based Grindr Inc., host of the popular gay dating app and another social app, was also forced to cut ties with its Chinese ownership.
The company sold a majority stake in 2016 to Chinese gaming company Beijing Kunlun Tech, which then fully acquired the app in 2018. But the Committee on Foreign Investment in the United States ordered the Chinese company to divest from Grindr due to national security concerns. In May, Reuters reported that the U.S. national security panel approved a $620 million sale to an American investor group called San Vicente Acquisition.
A TikTok Timeline: The Rise and Pause of a Social Video Giant
TikTok | Solen Feyissa | Flickr
See our timeline below for key points in how TikTok's story has developed over the last eight years, starting with the founding of ByteDance, its rising popularity and the mounting concerns about privacy and security.
March 2012: Internet entrepreneur Zhang Yiming founds ByteDance in Beijing.
August 2012: ByteDance launches its first product, Toutiao, an AI-powered news aggregator.
July 2014: Alex Zhu launches Musical.ly, an app that enables users to create short-form lipsync music videos; Musical.ly is headquartered in Shanghai with an office in Santa Monica.
July 2015: Musical.ly hits #1 in Apple app store.
September 2016: ByteDance launches Douyin, an app with similar functionality as Musical.ly; within a year, the Chinese app achieves 100 million users and 1 billion views/ day.
September 2017: ByteDance brings Douyin outside of China's Great Firewall under the name of TikTok; the app does well in numerous Asian markets.
November 2017: ByteDance acquires Musical.ly for $1 billion; the company starts operating Musical.ly in the US, Douyin in China and TikTok in other markets.
August 2018: ByteDance merges Musical.ly with TikTok and migrates all user profiles to TikTok; Alex Zhu becomes TikTok senior vice president, saying, "Combining Musical.ly and TikTok is a natural fit given the shared mission of both experiences – to create a community where everyone can be a creator."
October 2018: ByteDance achieves a record $75 billion valuation, making it the world's biggest privately backed startup.
February 2019: Lil Nas X releases "Old Town Road" on TikTok, catalyzing a viral sensation that ultimately reaches #1 on Billboard's charts.
February 2019: TikTok is fined $5.7 million for child data privacy violations.
September 2019: Washington Post reports that TikTok may be censoring protests in Hong Kong.
September 2019: Leaked documents show TikTok instructs its moderators to censor videos that mention various subjects deemed offensive by the Chinese government and Commuist Party, The Guardian reports.
October 2019: U.S. Senator Marco Rubio calls on the U.S. government to investigate the national security implications of ByteDance's acquisition of Musical.ly, citing concerns over the Chinese government and Communist Party's use of TikTok to censor content and silence open discussion.
October 2019: U.S. Senators Chuck Schumer and Tom Cotton ask U.S. Acting Director of National Intelligence to assess the national security risks from TikTok and other Chinese-owned apps, and request a congressional briefing on the findings.
October 2019: Alex Zhu begins reporting directly to ByteDance head Zhang Yiming; he had previously reported to the head of Douyin.
November 2019: The U.S. government launches an investigation into ByteDance's acquisition of Musical.ly on the grounds that ByteDance did not seek clearance when it acquired Musical.ly.
TikTok reportedly has 26.5 million monthly active users in the U.S. at this time.
December 2019: The U.S. Defense Department's Defense Information Systems Agency issues a recommendation that military personnel delete TikTok from all smartphones.
Q4 2019: TikTok becomes the most downloaded app in the world and second in the U.S.
January 2020: Several U.S. military branches ban TikTok on government-issued smartphones.
March 2020: U.S. officials reach out to TikTok to discuss political disinformation.
April 2020: TikTok surpasses 2 billion downloads and sets the record for quarterly downloads.
May 2020: Various child privacy groups file a complaint with the U.S. Federal Trade Commission that TikTok is violating the Children's Online Privacy Protection Act (COPPA) and flouting terms agreed to following its February 2019 settlement.
A TikTok spokesperson says the company "takes the issue of safety seriously for all our users, and we continue to further strengthen our safeguards and introduce new measures to protect young people on the app."
May 2020: ByteDance hires former Disney executive Kevin Mayer as chief operating officer and TikTok chief executive officer.
June 2020: Teens organize on TikTok to fool Trump administration into anticipating high attendance for the President's Tulsa, Oklahoma campaign rally.
June 2020: India bans 59 Chinese apps including TikTok, citing national security and data privacy concerns; the move comes amid ongoing skirmishes between the two countries on the China-India border.
July 2020: Australia Prime Minister Scott Morrison launches an investigation into TikTok surrounding data concerns.
July 2020: U.S. Secretary of State Mike Pompeo confirms the U.S. is looking into banning TikTok over concerns the app is sharing data with China; the next day, President Trump says he is considering a ban, framing it as a potential retaliation tactic against China for its handling of the coronavirus pandemic.
Aug. 2, 2020: Microsoft issues a blog post citing a conversation between chief executive Satya Nadella and President Trump around the company's potential acquisition of TikTok.
Aug. 4, 2020: Australia Prime Minister Scott Morrisson says there is not sufficient evidence to suggest a TikTok ban is necessary.
Aug. 6, 2020: President Trump issues an executive order banning American companies from transacting with ByteDance or its subsidiaries, namely TikTok; the U.S. Secretary of Commerce is to identify specific prohibited "transactions" 45 days after the order is issued.
Aug. 14, 2020: Trump issues another executive order demanding ByteDance "divest all interests and rights" in its assets and property that enable TikTok's U.S. operations, and data collected via TikTok in the U.S., within 90 days. The order says the U.S. investigation into ByteDance's acquisition of Musical.ly presented "credible evidence" that ByteDance "might take action that threatens to impair the national security of the United States."
Aug. 17, 2020: Oracle enters the discussion as a reported TikTok suitor.
Aug. 18, 2020: President Trump says he would support Oracle buying TikTok. Oracle's cofounder and CTO Larry Ellison had previously said he supports Trump and had fundraised for him in February 2020.
Aug. 24, 2020: TikTok announces it is suing the Trump administration over the ban for failure to protect due process. Separately, a U.S.-based TikTok employee also sues the administration, stating, "I am a patriot"
Aug. 26, 2020: Kevin Mayer steps down from ByteDance and TikTok, citing a diminished role in a letter to colleagues. Rumors swirl that he was left out of ByteDance's negotiations with potential acquirers
Aug. 27, 2020: Walmart issues a statement that it is interested in partnering with Microsoft to acquire TikTok.
Aug. 28, 2020: L.A.-based Triller, a TikTok upstart competitor, is reported to have issued a bid for TikTok along with investment firm Centricus.
Aug. 29, 2020: The Chinese government issues new export rules that complicate the exportation of TikTok's underlying technology – namely its "For You" algorithm – to any foreign buyer.
Aug. 31, 2020: CNBC reports TikTok has chosen a buyer, with an expected sale price of $20 billion - $30 billion.
Sept. 3, 2020: With uncertainty over whether a buyer will be able to acquire TikTok's algorithm, and debate mounting over how that affects the value of the company, numerous outlets negotiations are likely to slow as the Chinese government increases its involvement.
Sept. 13, 2020: Microsoft says in a blog post that "ByteDance let us know today they would not be selling TikTok's US operations to Microsoft." The company says it would have made "significant changes" to ensure security, privacy, online safety and combatting disinformation.
Sept. 14, 2020: Oracle confirms that it has been selected by ByteDance to become a "trusted technology provider" with TikTok. The company says the proposal was submitted by ByteDance to the Treasury Department over the weekend. Treasury Secretary Steven Mnuchin says on CNBC that the proposal includes making TikTok-global a U.S. headquartered company with 20,000 new jobs.
Mnuchin adds that the Committee on Foreign Investment in the United States is reviewing the proposal this week for national security implications, and will make a recommendation to the president, who will then review the proposal.
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Nearly every investor said their portfolio companies had added headcount in the last quarter and expect to add more in the second, which was an improvement from the final quarter of 2020.
"The majority of our portfolio has seen exponential growth during the COVID shutdown combined with more accessible talent," said Matt Lydecker, lead investor at Luma Launch, an early stage fund based in Santa Monica. "Both of these variables have led to massive hiring over the last year."
Almost half of our 27 respondents said they expect the U.S. economy to recover faster than they did at the end of last year, before the vaccine rollout. Of those surveyed, 39% think the economy will recover in the first half of next year while 31% predict a recovery in the second half of 2022.
And 42% expect their employees to return to the office at least some of the time during the second half of this year while 27% do not think that will happen until 2022.
Interestingly, only 11% plan to require employees to be in the office full-time.
Josh Berman, co-founder of Troy Capital Partners, a multi-stage venture firm based in Santa Monica, said it is easier to get opinions quickly when everyone is working under the same roof. He also misses the impromptu brainstorming sessions that come together when his employees are in close physical proximity.
"When teammates are in the office it generates more energy and creativity and productivity," Berman said. "The more smart minds working on a project or idea the better."
But 39% of our respondents won't make employees come into the office at all, including Deborah Benton, founder and managing partner of Willow Growth Partners, an early-stage consumer VC firm.
"Our productivity has never been higher or our expenses lower," Benton explained. "Candidly, we prefer to spend time with our portfolio companies in their environment."
Luma Launch's Lydecker said while he misses face-to-face interactions, he will also not be requiring employees to be in the office.
"This past year has proven you can work anywhere and be successful," he said.
Only one-third of our respondents said they will mandate that their employees be vaccinated in order to return to the office. That includes Mark Mullen, co-founder and managing director of Bonfire Ventures, an early-stage venture firm specializing in business-to-business software.
"We have a team of six and we talk about everything," Mullen said. "We all want to get vaccinated and will. Three of us are fully vaxxed and three have had one shot, so it is not an issue."
Half our respondents said they had already been vaccinated, but that was before California opened up eligibility to anyone over 49 years old on April 1st.
While some major tech conferences, such as Code, plan to return to in-person gatherings in September, our survey suggests people might not feel comfortable attending that soon. Over 45% said they do not think they will want to go to a conference until the first half of next year. Thirty-five percent expect they will be ready later this year.
Against the backdrop of all these trends, it is getting more expensive to invest in startups. Seventy-seven percent of our respondents said they saw higher valuations last quarter, but that did not stop them from closing deals. Thirty-eight percent of investors said they made more deals while 46% reported making the same number.
Graphics by Candice Navi.
Ara Katz, a serial entrepreneur and founder of probiotic company Seed tops our list. Katz found a niche in a multi-billion dollar industry, but she acknowledges that this past year has been especially tough for women, as the pandemic forced millions to drop out of the workforce.
"It is not lost on me what a privilege it is to be building a company as a female founder and mother given how impactful the pandemic and the past year has been on women and mothers in the workforce," said Katz. "My best advice to founders is to build with abandon — it is contagious, amplifying and makes it all meaningful."
Nationally, female-founded or co-founded companies earned less than 3% of all venture capital in 2020, according to data from Pitchbook. Although women founders say they still face issues of sexism and encounter more obstacles than their male counterparts, there are signs of improvement. In the first quarter of this year, women entrepreneurs reeled in $9.8 billion in capital investment nationally – an all-time high in quarterly investments over the past 12 years.
In Los Angeles, Long Beach and Santa Ana, $544 million was poured into female founded startups alone over that time.
Therese Tucker, founder of fintech company BlackLine, which also made our list, said that it's important for women to find people who believe in them as they build their companies.
"Don't be intimidated by condescension," Tucker said, "Look for people you can actually partner with who 'get' your business."
And just as importantly, founder of health platform Kensho, Krista Berlincourt, said stay true to who you are.
"It is not easy. And you'll be surrounded by men, so just find the people who get you and your vision, hold onto them tight, and go for it. Then remember that soft is strong. You don't have to 'crush it' to be successful," she said. "Be you. Be flexible. Soften. Grow. That's the only thing that has ever worked," Berlincourt added.
Here's the complete list:
Ara Katz, Seed
Ara Katz
Ara Katz is the co-founder and co-CEO of Seed, a Venice-based probiotic company designed to improve health and digestion. Katz's experience as a breastfeeding mother led her to explore the importance of microbes and their impact on bodily health. Among other leading roles, Katz was co-founder and CMO of ecommerce marketplace Spring, which was sold to ShopRunner in 2018. She was also on the founding team of Beach Mint, an e-commerce company for fashion and lifestyle brands.
Claire Schmidt, AllVoices
Claire Schmidt
Claire Schmidt aims to empower workers through AllVoices, an anonymous reporting and management platform, which allows employees to report issues in the workplace. The LA-based company has raised a total of $4.1 million with investments by Crosscut, Greycroft, Halogen Ventures and dot.LA founder Spencer Rascoff. Inspired by the the MeToo movement, the platform lets employees alert management to problems like discrimination, harrasment, or work bias. Prior to roles at AllVoices, Schmidt was vice president of technology and innovation at Fox properties and senior director of giving at Thrive Market, an e-commerce platform for organic products.
Ariel Kaye, Parachute
Ariel Kaye
Ariel Kaye used her design and brand background to launch Parachute in 2014. Parachute is a direct-to-consumer bedding brand based in Culver City. The startup has raised over $47 million in funding to date with investments by H.I.G Capital, Jaws Ventures and Brilliant Ventures. The brand avoids chemicals and synthetics in their products putting an emphasis on sustainability.
Therese Tucker, BlackLine
Therese Tucker
Therese Tucker is the founder and executive chair of BlackLine, an LA-based platform for accountants that takes on repetitive or complicated tasks. BlackLine pulled in nearly $352 million in revenues in 2020, and expects to grow that to at least $410 million this year. Ranked among Fortune's '50 fastest growing' women led companies in 2016, the company also received first place in G2's "Best Finance Products of 2021" ranking.
Sophia Amoruso, Nasty Gal
Sophia Amoruso
Southern California native Sophia Amoruso is the founder and former owner of Nasty Gal, a multi-million dollar clothing store originally started on eBay. Nasty Gal was sold at a value of $20 million, including $15 million in debt, to BooHo in 2017. Amoruso's newest project is an eight-week entrepreneurship course called Business Class, which aims to help female business leaders begin or grow their small businesses. The New York Times bestseller author of#GIRLBOSS, she detailed her entrepreneurial story that was later made into a Netflix series.
Madeline Fraser, Gemist
Madeline Fraser
Madeline Fraser is the CEO and founder of Gemist, a mobile app that allows users to design a ring and try it on at home before they buy. Fraser used her experience in growing tech-startups to create one of her own. The sustainable jewelry brand raised $1 million in funding in its first seed round in 2019 and last year was backed by De Beers Group Ventures, Hawke Ventures and Monique Woodward last year for an undisclosed amount.
Krista Berlincourt, Kensho
Krista Berlincourt
Berlincourt is the CEO and co-founder of Kensho, an Los Angeles-based health platform and guide to natural medicine. Kensho provides users with specialized wellness services from surfing to acupuncture. The company has raised $1.3 million and is backed by top investors like CrossCut Ventures, Female Founders Fund and Evolve Ventures. Prior to creating her own company, Berlincourt worked in public relations at venture-backed Simple.
Katherine Power, Who What Wear
Katherine Power
Katherine Power co-founded Who What Wear 15 years ago out of frustration with a fashion industry that was often out of reach for many. The brand focuses on providing affordable and size-inclusive fashion. She is now CEO of Clique Media Group, a parent company that oversees Who What Wear and other consumer brands. As of 2017, Clique Media Group raised over $15 million in funding with investments by Amazon, Greycroft and e.ventures. Power was also listed in Fortune's 40 under 40 in 2016.
Cat Chen, Skylar
Cat Chen
Cat Chen is the founder and CEO of Skylar, a fragrance and body care brand. Chen developed a hypo-allergenic and cruelty free fragrance after being dismayed by the lack of clean ingredients in high-priced perfumes. The company founded in 2017 has raised a total of $11 million backed by Amplify, FirstMark Capital and GingerBread Capital. Prior to Skylar, Chen was was an executive of operations at The Honest Company, where she helped grow the company to $300 million of revenue in her four years there.
Shivani Siroya, Tala
Shivani Siroya
The founder and CEO of Tala, a Santa Monica-based consumer credit smartphone app, Shivani Siroya created the company to assist people in underrepresented markets. Tala uses advanced data science to provide personalized financial services, such as disbursing loans to people with no formal credit history. The startup has raised over $217 million in funding by top investors, and has since been mentioned in TedTalks, Wall Street Journal and Financial Times. Siroya's company is valued at an estimated $750 million dollars as of 2019, and was deemed one of the top FinTech companies in the world by Forbes.
Lead image by Ian Hurley.
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