TikTok on Friday warned its 170 million users in the United States of an impending shutdown after the Supreme Court upheld a repeal or ban law that applies to the video app.
The law forces TikTok’s Chinese parent company, ByteDance, to sell the platform by January 19, the day before Donald Trump returns to the presidency of the United States, or face a nationwide ban.
Reasonable concerns
“There is no question that for more than 170 million Americans, TikTok offers a distinctive and expansive space for expression, a means of engagement, and a source of belonging,” the high court wrote in a unanimous opinion released Friday.
“However, Congress has determined that the divestment is necessary to address its legitimate national security concerns about TikTok’s data collection practices and its relationship with a foreign adversary,” he added.
But TikTok said late Friday that the White House and Justice Department statements “failed to provide the necessary clarity and reassurance to service providers who are integral to maintaining TikTok’s availability” in the United States.
“Unless the Biden administration immediately provides a definitive position that satisfies the most important service providers and ensures that the law is not enforced, TikTok will unfortunately be forced to cease operations on January 19,” he added.
Under the provisions of the law, without sales, it will be illegal for companies to provide services to distribute or host TikTok, or face a fine of $5,000 for each user.
Trump’s TikTok Rozumie
It is unclear whether tech groups such as Apple, Google and Oracle, which offer such services for TikTok in the United States, will take the risk over the weekend to continue working with the company. It’s also unclear whether the app could be taken down on purpose to protect its partners. Apple, Google and Oracle did not respond to requests for comment.
In a post on Truth Social following the ruling, Donald Trump said his “decision on TikTok will be made in the not-too-distant future, but I have to have time to review the situation,” adding that the court’s decision was “expected and everyone has to respect it “.
In a video posted on TikTok after the court ruling, the group’s chief executive Shou Zi Chew gave no assurances about whether the app would continue to operate in the United States on Sunday, but praised Trump.
“I want to thank President Trump for his commitment to working with us to find a solution that will keep TikTok available in the United States. It’s a strong argument for the First Amendment and against arbitrary censorship,” he said, adding that the president-elect “really understands” the platform.
Biden’s bold decision
US Attorney General Merrick Garland said the court’s decision “allows the Justice Department to prevent the Chinese government from using TikTok to undermine US national security”.
Assistant Attorney General Lisa Monaco said “the next phase of this effort — implementing and ensuring compliance with the law after it goes into effect on January 19 — will be a process that will take place over time.”
TikTok has said any separation would be technologically unfeasible, while Beijing has indicated it would oppose any sale. The court issued its ruling shortly after Trump said on Friday that he had discussed TikTok in a phone call with Chinese President Xi Jinping. It was the first phone call between the leaders in four years.
The Supreme Court ruling upheld one of the boldest legislative moves of Biden’s tenure just days before the Democratic president leaves the White House.
On Thursday, Trump’s incoming national security adviser Mike Waltz said the legislation “allows for a delay as long as there is a workable deal on the table. Basically, it’s buying President Trump time to keep TikTok going.”
Negotiations with Musk
Chinese officials were in preliminary talks about whether billionaire Elon Musk, now a close Trump ally, could broker a deal to sell the app, the Financial Times reported this week.
Some potential buyers and partners have been circling Trump and lobbying for him. They include Frank McCourt, an American sports and media entrepreneur who formed a consortium of investors to bid for TikTok through his non-profit entity Project Liberty.
TikTok boss Chew has been trying to impress Trump to shore up his support. He plans to attend the president-elect’s “victory rally” in Washington on Sunday and his inauguration on Monday, two people familiar with the situation said.
Concerns about espionage
Concerns that Beijing could use the app for espionage or spreading propaganda prompted the drafting of the law, which was passed last year with strong bipartisan support.
Although China “has not yet leveraged its relationship with ByteDance Ltd. to access the data of TikTok users from the United States,” the high court said that “there is no basis for concluding that the government’s decision that China could do so is not at least a ‘reasonable conclusion based on substantial evidence’.”
TikTok asked the Supreme Court to hear its case after a United States appeals court rejected its challenge to the law, as well as its subsequent request to stay the measure pending further court proceedings. The company sought to overturn the law, arguing that it was unconstitutional and that it violated the First Amendment’s protection of free speech.
