In a rapidly evolving situation, the future of TikTok remains uncertain as there are indications that President Trump may work to keep the app available. Meanwhile, the Biden administration has indicated it will not enforce the law on Sunday. Concerns over Chinese government influence on TikTok, which initially prompted Congress to pass the law, have lessened in some quarters.
White House press secretary Karine Jean-Pierre stated that TikTok should still be accessible to Americans, but emphasized the need to address national security issues. Due to timing constraints, the current administration acknowledges that implementation of the law will fall to the incoming administration taking office on Monday.
The Justice Department argued that Chinese government influence could impact user content and data collection on millions of American users. The court recognized the national security implications in its ruling, focusing particularly on data collection.
In a concurring opinion, Justice Neil Gorsuch questioned the government’s argument about content manipulation, highlighting that individuals and organizations often make subjective decisions about storytelling.
President Trump, who previously sought to ban TikTok, has now expressed support for the platform. He may consider options such as granting a 90-day extension for TikTok to find an American buyer or vowing not to enforce the law. However, concerns remain for companies like Apple and Google, which face civil penalties under the law for aiding TikTok.
During Supreme Court proceedings, Solicitor General Elizabeth Prelogar raised doubts about TikTok’s intentions, suggesting they might be engaged in a strategic maneuver.
Once the law comes into effect, there is potential for significant change in the digital landscape. TikTok has issued a warning that it may have to suspend its operations, a move commonly referred to as “going dark,” if the law is not halted. Such a scenario would necessitate content creators to seek out alternative platforms that have been striving to rival TikTok by introducing features specifically designed for the creation and sharing of short-form videos. Instagram Reels and YouTube Shorts are among the platforms that have been positioning themselves as contenders in this space. The U.S. Circuit Court of Appeals for the District of Columbia has previously upheld the law under consideration.
