TikTok has warned that it may have to “go dark” this weekend if the outgoing Biden administration does not offer assurance against a shutdown of the popular app, following a recent decision by the Supreme Court. The court ruled unanimously in favor of a federal law that bans TikTok unless it is sold by its Chinese-based parent company, ByteDance.
The ruling emphasized that the national security risks connected to TikTok’s relationship with China overshadow any concerns regarding restrictions on freedom of speech for the app’s 170 million users in the United States. This situation arises amidst politically charged responses from President-elect Donald Trump, who claimed he could negotiate a solution, and from President Joe Biden’s administration, which has indicated that it will not enforce the law starting Sunday, the last full day of Biden’s presidency.
White House Press Secretary Karine Jean-Pierre stated, “TikTok should remain available to Americans, but simply under American ownership or another structure that addresses national security issues identified by Congress.” She added that the enforcement of the law would be up to the incoming administration. TikTok’s late Friday statement highlighted that recent communications from both the Biden administration and the Department of Justice lacked the clarity necessary to reassure essential service providers that maintain the app’s operation in the U.S.
TikTok expressed, “Unless the Biden Administration immediately provides a definitive statement to satisfy the most critical service providers assuring non-enforcement, unfortunately TikTok will be forced to go dark on January 19.” While a sale does not seem imminent, experts have noted that existing users would retain the app, but new downloads and updates would not be possible, which could eventually make the app unusable as indicated by the Justice Department in court documents.
In the context of TikTok’s significant user base, Trump and other congressional leaders show differing viewpoints on the application. Trump, noting TikTok’s popularity, conversed with Chinese leader Xi Jinping about the app before the Supreme Court ruling. TikTok CEO Shou Zi Chew expressed gratitude to Trump via the platform, acknowledging his intent to collaborate to keep TikTok running.
Possible paths forward for Trump, once he takes office, remain unclear. The law allows for a 90-day pause on the restrictions if progress toward a sale is evident; however, Solicitor General Elizabeth Prelogar indicated that it’s uncertain if any potential sale could activate this pause after the law takes effect.
The Supreme Court’s decision reflects the challenging intersection of First Amendment rights and national security in the evolving landscape of social media, with the justices acknowledging the complexities involved. The court argued that Congress had deemed that divestiture was essential to alleviate the pressing national security fears regarding TikTok’s data handling and its connection to a foreign adversary, affirming that the law does not infringe on First Amendment rights.
In their opinions, Justices Sotomayor and Gorsuch expressed some concerns about the decision but ultimately aligned with the final ruling, recognizing the serious implications of allowing foreign access to sensitive data on millions of Americans.
Digital rights advocates criticized the ruling, arguing that it infringes on the free expression of millions of TikTok users globally. Creators like Desiree Hill, a mechanic shop owner, expressed anxiety over potential business losses if TikTok becomes unavailable. Concerns center around the difficulty of reaching customers and sustaining business operations amid the impending changes.
During legal discussions, attorneys for TikTok highlighted the challenges in finalizing any sale, particularly due to Chinese regulations that hinder the sale of TikTok’s proprietary algorithms. The app’s addictive nature and perceived detrimental effects on children’s mental health has sparked litigation from various states.
The geopolitical conflict between the U.S. and China has become intertwined with the controversy over TikTok. Senator Tom Cotton criticized ByteDance for missing opportunities to divest from the app, reiterating accusations of espionage. U.S. authorities contend that TikTok’s user data collection could be exploited by the Chinese government, while TikTok has denied any evidence of manipulation or data breaches.
Biden enacted the law in April amid a lengthy discussion about TikTok’s perceived risks. After TikTok formally challenged the law, a three-judge panel had previously affirmed it. Starting Sunday, app stores like Apple and Google would be prohibited from offering TikTok if no sale occurs, and internet hosting services would also be barred from hosting the app.
While ByteDance declines to sell, interest from investors persists, including former Treasury Secretary Steven Mnuchin and billionaire Frank McCourt, who is exploring acquiring TikTok’s U.S. assets. McCourt has expressed his readiness to collaborate with TikTok and Trump to facilitate a deal post-ruling, while the dynamics surrounding the case continue to evolve. Prelogar noted that the law’s implementation might incentivize ByteDance to rethink its refusal to sell.
