The TikTok ban is upheld by the Supreme Court, but Trump may provide a lifeline.

Nandini Roy Choudhury, writer

Brief news

• The Supreme Court upheld legislation requiring ByteDance to divest from TikTok by Sunday or face a potential ban in the U.S., citing national security concerns over data collection practices linked to foreign control.
• President-elect Donald Trump is expected to make a decision regarding TikTok’s future, having previously advocated for a ban but now expressing a willingness to find a solution that allows the app to remain available in the U.S.
• TikTok users are exploring alternative platforms amid uncertainty, while the Chinese government considers potential strategies to prevent a ban, including the possibility of Elon Musk acquiring TikTok’s U.S. operations.

Detailed news

The legislation that requires ByteDance, a company based in China, to abandon its ownership of TikTok by Sunday or face the possibility of an effective ban of the popular social video app in the United States was upheld by the Supreme Court on Friday for the second time.

ByteDance has not yet agreed to sell TikTok, which means that a significant number of users in the United States may lose access to the app this coming weekend. Even if ByteDance has threatened to remove the app from the market, it is possible that users who already have TikTok installed on their mobile devices will continue to be able to use it.

To preserve the Protecting Americans from Foreign Adversary Controlled Applications Act, which President Joe Biden signed into law in April, the Supreme Court reached a ruling that was unanimous and backed with the administration of Vice President Joe Biden.

Within the ruling of the Supreme Court, it was said that “there is no doubt that, for more than 170 million Americans, TikTok offers a distinctive and expansive outlet for expression, means of engagement, and source of community.” However, Congress has come to the conclusion that divestment is required in order to address its well-supported national security concerns over the data gathering methods of TikTok and its partnership with a foreign foe.

In their concurrences, Supreme Court Justices Sonia Sotomayor and Neil Gorsuch expressed their opinions.

It is now up to President-elect Donald Trump to decide what will happen to TikTok in the United States. During his first government, Trump advocated for a ban on TikTok, but he has since changed his mind on the issue. For the purpose of providing his administration with “the opportunity to pursue a political resolution of the questions at issue in the case,” President Trump submitted a request to the Supreme Court in December, requesting that the law’s execution be halted.

In a message that he made on the social media app Truth Social, US President Donald Trump stated that the decision was anticipated, and that “everyone must respect it.”

At some point in the not too distant future, I will make a choice on TikTok; but, I need to take some time to evaluate the current circumstances. Keep an eye out!” Trump penned one.

After meeting with billionaire Republican megadonor Jeff Yass in February, Trump started speaking more warmly about TikTok. Yass is from the Republican Party. In addition to being a significant investor in ByteDance, Yass also has an interest in the company that runs Truth Social.

The inauguration of Donald Trump will take place on Monday, which is one day beyond the TikTok deadline for a sale. One of the many prominent figures in the technology industry who are anticipated to be present and seated on the dais is Shou Chew, CEO of TikTok.

Chew praised President Trump “for his commitment to work with us to find a solution that keeps TikTok available” in the United States, making the statement in a video that was uploaded to TikTok. He stated that the usage of TikTok is a right guaranteed by the First Amendment, and he added that more than seven million businesses in the United States utilize it to get clients and make money.

According to what he said, “Rest assured, we will do everything in our power to ensure that our platform thrives as your online home for limitless creativity and discovery as well as a source of inspiration and joy for years to come.”

Despite the fact that “data collection and analysis is a common practice in this digital age,” the Supreme Court of the United States stated in its opinion that the sheer size of TikTok and its “susceptibility to foreign adversary control, together with the vast swaths of sensitive data the platform collects” constitutes a threat to the nation’s security.

In accordance with the provisions of the law, third-party internet service providers like Apple and Google will be subject to penalties if they continue to serve a TikTok app that is controlled by ByteDance after the deadline of January 19.

It will be impossible for customers to install the necessary upgrades that are required to make the app effective if service providers and owners of app stores comply with the regulations.

Despite many requests for comment, representatives of TikTok did not immediately react to the inquiries.

Alternatives are sought for by users.
Karine Jean-Pierre, the press secretary for the White House, issued a statement in which she reaffirmed Vice President Joe Biden’s support for the law. She stated that “TikTok should remain available to Americans, but simply under American ownership or other ownership that addresses the national security concerns identified by Congress in developing this law.”

“This Administration recognizes that actions to implement the law simply must fall to the next Administration, which takes office on Monday,” Pierre said. “Given the sheer fact that timing is something that is being taken into consideration.”

In a press release, Attorney General Merrick Garland and his deputy, Lisa Monaco, stated that the decision “enables the Justice Department to prevent the Chinese government from weaponizing TikTok to undermine the national security of the United States of America.”

In a statement, Kate Ruane, who is the director of the nonprofit organization Center for Democracy and Technology, expressed her disapproval of the verdict, stating that it “harms the free expression of hundreds of millions of TikTok users in this country and around the world.”

During the month of December, members of the House Select Committee on the Chinese Communist Party wrote letters to the CEOs of Apple and Google, encouraging them to start making preparations to comply with the law. Apple CEO Tim Cook and Google CEO Sundar Pichai received the letters.

On January 10, the Supreme Court of the United States heard oral arguments from attorneys for TikTok, content creators, and the government of the United States. It was contended by Noel Francisco, the senior attorney for TikTok, that the statute breaches the rights guaranteed by the First Amendment to the app’s 170 million users in the United States. Solicitor General Elizabeth Prelogar of the United States of America contended that the app’s purported connections to the Chinese government constitute a threat to the nation’s security.

According to CNBC, a significant number of TikTok creators have been advising their followers to locate them on alternative social platforms, such as YouTube, which is owned by Google, and Facebook and Instagram, which are owned by Meta. In addition, Instagram’s administrators have organized meetings to take place after the Supreme Court hearing on January 10 in order to instruct employees to get ready for a surge of users in the event that the law is upheld by the court.

Chinese social media app that is similar to TikTok in appearance On Monday, RedNote climbed to the top of the app store on Apple’s platform, which is an indication that the millions of users of TikTok were looking for alternatives.

Bloomberg News reported on Monday that the Chinese government considered a contingency plan that would include Elon Musk, the owner of X, purchasing TikTok’s activities in the United States. This plan was one of several options that were considered in order to prevent the app from being effectively banned in the United States.

In the event that ByteDance makes the decision to sell TikTok to a firm or group of investors based in the United States, it is estimated that the potential purchasers may be required to pay between $40 billion and $50 billion. This information was provided by Angelo Zino, Senior Vice President of CFRA Research.

Source : CNBC news