Another day has passed with no news from the U.S. Supreme Court or TikTok, bringing the popular social media app closer to its obscurity in America.
The nation’s highest court has yet to rule on TikTok’s request to overturn a law passed by Congress and signed by President Joe Biden last year that effectively ban the app in the United States if TikTok’s China-based parent company, ByteDance, does not sell it to a buyer deemed suitable by U.S. authorities by Sunday, January 19.
At a news conference Thursday, Senators Edward Markey of Massachusetts and Corey Booker of New Jersey called on Biden to extend the 90-day deadline, as required by the legislation. The idea also has support from Senate Majority Leader Chuck Schumer, who, like Markey and Booker, has pledged to work with new President Donald Trump to find a way to save TikTok, while still protecting security national of the United States.
“It’s time to take a breath, take a step back, buy some time, try to understand this rationally, but under no circumstances should we let TikTok go dark on Sunday,” Markey said. “It would be catastrophic for so many small businesses, so many creators, so many communities.”
A A Biden administration official said ABC News said Thursday that the White House would not enforce the law during the remaining days before Trump takes office on January 21.
Lawyers for TikTok and the US government pleaded their case during closing arguments in court last weekTikTok accusing a ban of infringing on the First Amendment rights of the company and its users. But based on questions and comments made during the more than two-hour hearing, it appeared that the justices were more in agreement with the government’s argument that the case is not about the freedom of The expression but rather the dangers posed by foreign adversaries, such as China.
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It is unclear when the Supreme Court will issue its decision. The court could also issue a stay, temporarily suspending the law until President-elect Donald Trump takes office a day later on January 20.
Lawmakers from both political parties have long expressed concerns that TikTok could pose a national security threat and could be used by the Chinese government to spy on Americans or spread disinformation to advance China’s agenda.
TikTok continues to deny these accusations. Before votes in Congress earlier this year, TikTok rallied its American userscalling on them to urge their representatives on Capitol Hill to vote against a ban. But the measure ultimately passed by large majorities in both houses of Congress and was signed by Biden.
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But Trump, who advocated for a ban during his first term, now says he no longer favors it. Before the closing arguments, Trump’s lawyers filed an amicus brief in the case. They did not take sides but instead asked the court to delay the ban to give Trump time to find a “political resolution.”
So what’s next for lawmakers and TikTok? Here’s what you need to know.
What does the law do?
The law aims to force ByteDance to sell TikTok to a buyer that U.S. authorities agree with, as well as ensure that ByteDance no longer has access to U.S. user data or any control over the TikTok algorithm that decides which videos US users see.
TikTok has had nine months to comply, hence the January 19 deadline when the government could require its app to be removed from US app stores. The president could grant a 90-day extension. Earlier this week, Markey announced thelegislation that would have given TikTok nine additional monthsbut it was blocked by the Republicans.
TikTok has long said that a sale is not an option. During oral arguments last week, the company’s lawyer, Noel Francisco, said TikTok would “go dark” if the ban goes into effect. It’s also possible that the app is slowly dying. It wouldn’t shut down, but would no longer be available in the Google and Apple app stores and current users wouldn’t be able to get software updates, eventually making the app too buggy to use.
Biden, who signed the bill establishing these requirements, remains in office until Inauguration Day on January 20.
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What’s next?
After initially calling for a ban during his first presidency, Trump said during the 2024 campaign that he did not support such a ban and pledged to “save TikTok”, although he did not specify how he would do so. would do.
At a press conference in December, Trump highlighted the role TikTok played in the election, crediting it with helping to harvest young people’s votes.
“TikTok has had an impact, that’s why we’re looking at it,” Trump told reporters. “I have a little hot spot in my heart. I’ll be honest.”
Asset said in March on CNBC’s Squawk Box, although he still considered the app a danger to national security, he no longer thought it should be banned, stating: “There are a lot of young kids on TikTok who would become crazy without her.”
Trump added that banning TikTok would only strengthen the power of Facebook, which he called the “enemy of the people.”
In September, Trump pledged to “save TikTok“, according to an Associated Press report. But during a interview broadcast last month on Meet the PressTrump did not directly say if and how he would help TikTok avoid a ban.
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Who opposed the TikTok ban?
Free speech and digital rights groups, as well as some security experts, have long opposed the idea of a ban, saying targeting TikTok does nothing to solve the problems wider use of social media. Several have filed briefs with the High Court in favor of TikTok.
Instead, they argue, lawmakers would be better off passing comprehensive digital privacy laws that would protect Americans’ personal information by regulating the ability of all social media companies to collect and sell it.
David Greene, director of civil liberties at the Electronic Frontier Foundation, co-author an amicus brief submitted to the court late last month, indicates that companies around the world are currently allowed to collect, store and sell Americans’ personal data. And this data could easily be stolen or purchased by foreign adversaries.
“Banning or force-selling a social media app will do virtually nothing to protect the data privacy of Americans from another country,” Greene said in an EFF statement.
