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Shkruar nga Pamfleti
TikTok could fade into the black in the US within days after the Supreme Court rejected its appeal to halt a law that would ban the popular video app from January 19 unless Chinese parent ByteDance sells its shares.
“There is no doubt that, for more than 170 million Americans, TikTok offers a unique and expansive avenue for expression, a means of engagement, and a community resource,” the Supreme Court wrote in its opinion in the case. “But Congress has determined that the stripping is necessary to address its well-founded national security concerns about TikTok’s data collection practices and relationships with a foreign adversary.”
The court said that "we conclude that the challenged provisions do not violate the First Amendment rights of the petitioners." The Supreme Court affirmed the decision of the U.S. Court of Appeals for the District of Columbia Circuit,
ByteDance has not publicly indicated a willingness to sell its ownership of TikTok. TikTok representatives did not immediately comment on the court's decision. TikTok has told employees that they will still have jobs regardless of the Supreme Court's ruling.
In the event of an unfavorable Supreme Court ruling, TikTok plans to shut down the app in the U.S. on Sunday, January 19. At that point, TikTok users will see a pop-up message linking to a website with information about the ban. TikTokers will also have the option to download their personal data.
There may still be room for TikTok to move to avoid an immediate shutdown. The Biden administration is leaving the question of what to do about TikTok to President-elect Donald Trump, who will be sworn in on Jan. 20. Trump is trying to position himself as TikTok’s savior: He is considering issuing an executive order to suspend enforcement of the law for 60-90 days while he tries to pass a resolution to keep TikTok available, as first reported by the Washington Post — though it’s questionable whether Trump has the legal authority to block the sale or ban.
Trump could also instruct the government not to enforce the ban. But given that the law imposes fines of $5,000 per user for companies that distribute or host the TikTok app, tech companies like Apple, Google and Oracle (which has a deal to host TikTok user data in the US) may be hesitant to violate the ban.
On Friday, Trump wrote in a post on Truth Social that he spoke with Chinese President Xi Jinping and "discussed the balancing of Trade, Fentanyl, TikTok and many other topics. President Xi and I will do everything possible to make the world a more peaceful and safer place!"
Meanwhile, Trump has invited TikTok CEO Shou Zi Chew to attend the incoming president's inauguration on January 20 in Washington, DC and "sit in a position of honor on the podium," according to the New York Times.
The shutdown of TikTok in the United States would be a boon to rival platforms, including Meta's Instagram, Google's YouTube and Snapchat. Amid the looming threat of a TikTok ban, Chinese-owned social app Xiaohongshu (aka Red Note) has surged in popularity in the past week.
In May 2024, TikTok and ByteDance sued the US government over the take-down or ban law, arguing that the legislation violates the First Amendment rights of its users in the US. But the Supreme Court sided with the law's supporters, who have claimed that TikTok poses a threat to national security because Beijing-based ByteDance is subject to surveillance by the Chinese Communist Party.
US lawmakers who supported the legislation have argued that it is not technically a ban because it offers ByteDance a choice: either to divest TikTok of its US business or to shut down the app. TikTok and ByteDance, in their lawsuit, argued that “in reality, there is no choice,” saying that the forced sale required by the law to allow TikTok to continue operating in the country “simply isn’t possible: not commercially, not technologically, not legally.”
Chinese officials are said to have explored the potential for ByteDance to sell its stake to tech mogul Elon Musk. A TikTok spokesperson called it “pure fiction.” ByteDance has said that 60% of its ownership is represented by “global institutional investors” including Blackrock, General Atlantic and Susquehanna International Group.
Last year, legislation to sell or ban TikTok passed Congress with bipartisan support. It was signed into law by President Biden in April 2024. U.S. lawmakers have expressed concern about TikTok’s Chinese ownership, suggesting that the Chinese communist regime could use the app to spy on Americans or use it to spread pro-Chinese propaganda — despite no public evidence that the Chinese government has demanded TikTok hand over user data or promote specific content.
The law does not mandate the shutdown of TikTok per se. Rather, it prohibits Apple and Google app stores and web hosting services from distributing TikTok in the U.S. (under penalty of monetary fines) unless ByteDance sells its ownership stake in the app to an entity based in a country that is not designated as a “foreign adversary” of the United States./ Adapted from “Pamphlet” by “ Variety ”
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