By Andrew Chung, John Kruzel, and David Shepardson
In a late Friday statement, TikTok warned that it would cease operations in the United States on Sunday unless assurances were provided by President Joe Biden’s administration to companies like Apple and Google that they would not face enforcement actions when the ban goes into effect. This announcement followed the Supreme Court’s decision to uphold a law banning TikTok in the U.S. on national security grounds if its Chinese parent company ByteDance fails to sell it, setting the popular short-video app on course to be deactivated in just two days.
The court’s unanimous 9-0 ruling places the social media platform, along with its 170 million American users, in a state of uncertainty, with the fate of TikTok resting in the hands of Donald Trump, who has pledged to intervene on its behalf upon his return to the presidency on Monday. TikTok expressed that unless the Biden Administration promptly provides a definitive statement to reassure key service providers of non-enforcement, the app will regretfully be compelled to suspend operations on January 19.
The White House refrained from issuing any comment on the matter. Potential significant penalties loom over Apple, Alphabet’s Google, Oracle, and others should they continue to offer services to TikTok post-ban. While the law prohibiting TikTok was passed by a bipartisan majority in Congress last year and signed by Biden, some lawmakers are now advocating for the app to continue operating in the U.S. despite their previous support for the legislation.
TikTok, ByteDance, and certain app users had challenged the law, contending that it violated the First Amendment’s free speech protection, but the Supreme Court dismissed these arguments. ByteDance has made minimal efforts to divest from TikTok ahead of the law’s Sunday deadline. Yet, any shutdown of the app may be brief, as Trump, who sought to ban TikTok in 2020, has indicated plans to intervene to preserve the app.
In a social media post, Trump stated, “My decision on TikTok will be made in the not too distant future, but I must have time to review the situation. Stay tuned!” TikTok CEO Shou Zi Chew is expected to attend Trump’s second inauguration in Washington on Monday. Trump disclosed that he discussed TikTok with Chinese President Xi Jinping in a Friday phone call.
The issue of TikTok’s Chinese ownership has long been a concern for U.S. officials, particularly amid escalating trade tensions between the two largest economies globally. Lawmakers and the Biden administration have voiced apprehensions that China could exploit TikTok to gather data on millions of Americans for purposes like harassment, recruitment, and espionage.
The Supreme Court, in an unsigned opinion, reasoned that TikTok’s sizable user base and susceptibility to foreign adversary control, coupled with the extensive data it collects, necessitate differentiated treatment to address the government’s national security apprehensions. TikTok has emerged as a prominent social media platform in the U.S., especially popular
The company’s robust algorithm, its key asset, delivers customized short videos to individual users based on their preferences. The platform offers a vast array of user-generated videos that can be accessed through a smartphone app or on the internet. As the deadline of January 19 drew near, millions of users flocked to alternative Chinese-owned apps like RedNote, where they encountered the challenge of navigating its Mandarin-centric interface to personalize their content feeds.
Craig Singleton, a China expert at the Foundation for Defense of Democracies think tank, noted, “China is swiftly adapting to the ruling. Beijing is not only developing apps but also constructing a discourse power ecosystem to mold global narratives and influence societies.” Attorney General Merrick Garland affirmed that the ruling upholds U.S. national security, emphasizing that authoritarian regimes should not have unrestricted access to sensitive data of millions of Americans.
Looking ahead, the Biden administration has stressed that TikTok could potentially continue operating if it severs ties with China. President Biden clarified that no action would be taken to intervene in TikTok’s fate, stating, “The final decision will lie with the incoming president.” Notably, the law prohibits offering certain services to TikTok and other apps controlled by foreign adversaries via platforms like Apple and Google.
While Google refrained from commenting, Apple and Oracle did not respond to requests for statements. White House Press Secretary Karine Jean-Pierre indicated that the responsibility of enforcing the law would shift to the next administration, as the Justice Department acknowledged that ensuring compliance with the law post-January 19 would be an ongoing process.
TikTok expressed dissatisfaction with the lack of clarity and assurances from government officials regarding the service providers crucial for maintaining its availability to over 170 million Americans. A potential purchaser could still emerge, or former Dodgers owner Frank McCourt, the lone prominent bidder thus far, valued TikTok at around $20 billion excluding its algorithm.
Michael Sobolik, a senior fellow specializing in U.S.-China relations at the Hudson Institute, commented, “Beijing’s dependency on TikTok surpasses that of Washington. With this leverage, President Trump stands a better chance of securing TikTok’s continued operation in the U.S. without posing national security risks.”
In conclusion, the evolving situation surrounding TikTok underscores the complex interplay between national security concerns, technological innovation, and international power dynamics. Stay tuned for further developments in this ongoing saga.
(Reporting by Andrew Chung in New York and John Kruzel in Washington; Additional reporting by Doyinsola Oladipo in New York, and Michael Martina and David Shepardson in Washington; Writing by David Gaffen; Editing by Will Dunham, Daniel Wallis, and Kim Coghill)