TikTok is facing uncertainty in the US as it awaits a possible ban. Its parent company, ByteDance, is racing against time to find solutions to continue operating in one of its largest markets. A federal appeals court recently upheld a law requiring ByteDance to sell TikTok’s US assets by January 19 or face a ban.
This law, supported by both Democrats and Republicans, is based on concerns about national security and the risk of user data being accessed by China. ByteDance, however, denies these claims. In its appeal, TikTok argued that the delay would give the Supreme Court time to review the law and allow the incoming administration to address the issue.
TikTok stated in its request, “The government admitted it has no evidence of China manipulating content or misusing private data.” TikTok’s CEO, Shou Zi Chew, has also assured users that their data is secure.
Experts believe TikTok’s appeal for a delay might succeed. Mark MacCarthy, a senior fellow at Georgetown Law, predicts the Supreme Court will hear the case, as it involves critical issues about free speech and national security. “The court may ultimately uphold the government’s stance on national security, even if the law itself is questionable,” he said.
Trump’s Role in the TikTok Debate
Former President Donald Trump, now running for re-election, has taken a surprising stance on TikTok. Although he criticized the platform’s ownership by a Chinese company during his presidency, he now uses TikTok actively.
With 14.7 million followers, Trump has called on his supporters to “save TikTok” and even hinted at taking steps to protect the app if re-elected. However, his ability to influence bipartisan legislation that backs the ban remains uncertain.
What a Ban Could Mean
If TikTok fails to overturn the law or secure action from the government, the app could be removed from iPhone and Android stores after January 19. While current users might still access the app for some time, updates could eventually render it unusable in the US.
ByteDance has ruled out selling TikTok’s US operations, although it might consider selling parts of the app, like user accounts, while keeping its algorithm, which is key to its success. However, this could diminish the app’s value to potential buyers. Despite discussions with US investors, no deals have been finalized.
Legal Precedent: The PIO Case
The legal fight over TikTok has drawn comparisons to the 1987 case of Palestine Information Office v. Shultz. In that case, the US State Department ordered the closure of the Palestine Information Office under the Foreign Missions Act. The law, aimed at regulating foreign entities in the US, was upheld despite challenges. This precedent could influence the court’s decision on TikTok.
The Road Ahead
With over 175 million monthly active users in the US, TikTok remains a significant platform. ByteDance is fighting to keep it alive, but the outcome depends on legal decisions and political will. Whether through the courts, Congress, or a last-minute deal, TikTok’s future in the US hangs in the balance.
