Barring a Christmas miracle, TikTok’s days in the U.S. are numbered, and the popular video app could finally disappear from the country by Jan. 19. The platform is on the verge of being removed from Google Play and the App Store unless its Chinese parent company, ByteDance, sells it.
TikTok is running out of options. Recently, it requested a pause on the ban, but a federal court denied its request. The next step could be the Supreme Court. However, the chances of success are limited.
The question is: How did TikTok get to this point?
U.S. vs. Tiktok. The origins of this situation stem from concerns about national security. In 2020, the Trump administration believed that TikTok posed a risk to national security. According to the government, the company could potentially share its collection of user data with the Chinese government. At the time, then-President Donald Trump claimed that Chinese authorities controlled ByteDance, although TikTok later denied it. Regardless, Trump was adamant: TikTok had to be banned.
However, there was a possible solution for TikTok. ByteDance could sell part of the app to a U.S. company. This was initially in the works. In fact, Microsoft was considered a potential buyer, but TikTok ultimately decided against the sale. Executives were concerned about potential opposition from the Chinese government. ByteDance said it would prefer to shut down the app rather than be forced to sell it.
The Biden administration. In June 2021, President Joe Biden signed Executive Order 14034. This order banned the sale of U.S. user data to foreign companies, including TikTok. In December 2022, Biden signed the No TikTok on Government Devices Act, which prohibited the app on government-owned devices. By March 2023, the Department of Justice and the FBI had launched an investigation into TikTok, alleging that the app was spying on American journalists.
Things were looking increasingly dire for TikTok.
Tightening its grip on TikTok. On March 13, 2024, the House of Representatives passed the Protecting Americans from Foreign Adversary Controlled Applications Act. If signed, this act would ban TikTok nationwide unless ByteDance sold it. It was finally signed into law on April 24, 2024, and specifically targeted app stores.
According to The New York Times, the federal government will have the authority to impose sanctions if a store such as the Google Play Store or the App Store distributes or updates TikTok. Companies like Oracle, which hosts TikTok in the U.S., will also be required to assist in preventing the distribution or updating of the app. The ban is scheduled to take effect on June 19, 2025, but there’s still a slight possibility it won’t.
Image: Solen Feyissa
TikTok’s defense. TikTok has fought back by seeking to have the law halted, but a three-judge panel rejected this request on Dec. 6. A few days later, TikTok made another attempt with an emergency motion to delay the act’s enforcement. However, a federal court denied it on Friday.
Initially, TikTok’s defense argued that the ban infringed on the First Amendment, which protects free speech. However, the federal court determined that “the Act satisfies the requirements of the First Amendment under heightened scrutiny.” As such, the ban remains in effect.
In its petition, TikTok indicated plans to appeal to the Supreme Court. It also mentioned the possibility that Trump might reconsider his position, given that he’s now positioned himself as TikTok's potential ally. However, the petition was denied.
According to TikTok’s recent statement:
“As we have previously stated, we plan on taking this case to the Supreme Court, which has an established historical record of protecting Americans’ right to free speech. The voices of over 170 million Americans here in the U.S. and around the world will be silenced on January 19th, 2025 unless the TikTok ban is halted.”
Image: Solen Feyissa
Trump changes his stance. Trump initiated the process to potentially ban TikTok in 2020. However, during his election campaign, he promised to “save TikTok.” However, details on how he plans to do this are unclear because he can’t unilaterally overturn the ban. While he could encourage Congress to consider TikTok’s position and facilitate negotiations, the situation remains complex.
What will happen to those who currently have TikTok installed? It’s likely that the app will remain operational on American users’ devices for a while. However, it may eventually encounter issues and bugs preventing its use, as well as a lack of local content. This will eventually lead to a gradual decline in the platform’s appeal.
Meanwhile, the primary beneficiaries of TikTok’s ban in the U.S. are expected to be Instagram and YouTube.
Image | Collabstr
Related | This Is ByteDance’s Master Plan: Using TikTok to Dominate the Global AI Landscape
View 0 comments