The impending ban on TikTok, which has captivated 170 million users in the United States, could take effect this Sunday due to a law passed by a bipartisan majority in Congress last year. The legislation mandates that TikTok’s Chinese parent company, ByteDance, must either divest its stake in the app or face exclusion from the U.S. market.
The deadline for compliance is January 19, just one day before a new presidential administration is set to assume office.
Concerns regarding TikTok’s connections to China have been raised by lawmakers and U.S. officials for several years, citing potential national security risks. The law was enacted to compel ByteDance to sell its interests in TikTok or risk being banned from operating in the U.S. market.
With the deadline approaching and no sale evident, TikTok’s attempts to legally challenge the law were unsuccessful when the Supreme Court ruled that the legislation does not infringe upon First Amendment rights.
The Biden administration has indicated that enforcement of this law will be left to President-elect Donald Trump, who has expressed intentions to “save” the app. Despite this, TikTok has indicated it might preemptively shut down operations if no clarity is provided regarding its legal standing, potentially leaving users and content creators without access.
In a statement released on Friday, TikTok expressed that “the statements issued today by both the Biden White House and the Department of Justice have failed to provide the necessary clarity and assurance to the service providers that are integral to maintaining TikTok’s availability to over 170 million Americans. Unless the Biden Administration immediately provides a definitive statement to satisfy the most critical service providers assuring non-enforcement, unfortunately TikTok will be forced to go dark on January 19.”
Reasons Behind Congress’s Push for a Ban
U.S. officials have consistently warned that TikTok poses a national security threat due to its potential use by the Chinese government for espionage or manipulation of public opinion in America. The concern stems from Chinese national security laws that compel companies to assist with intelligence operations. FBI Director Christopher Wray testified before Congress that Chinese authorities could exploit TikTok to access sensitive information from American users.
During discussions surrounding the divest-or-ban legislation in April 2024, Rep. Michael McCaul likened TikTok’s presence on American devices to a “spy balloon.” Senator Chris Coons noted that classified briefings revealed extensive data collection practices that conflict with U.S. security interests. Senator Josh Hawley emphasised the personal security risks associated with having TikTok on devices, asserting that it can track users’ locations and access private messages.
In response to these concerns, TikTok initiated “Project Texas” in 2022 to protect American user data on U.S.-based servers. However, critics within the Justice Department deemed this initiative insufficient as it still permitted some data flow back to China.
While bipartisan support facilitated the passage of the divest-or-ban law, some lawmakers have voiced opposition, arguing it infringes upon First Amendment rights. Senator Rand Paul stated that accusations against TikTok lacked concrete proof of wrongdoing.
Supreme Court Proceedings
During oral arguments before the Supreme Court on January 10, TikTok’s legal counsel acknowledged potential national security risks but contested the government’s chosen methods for addressing these concerns. Justice Brett Kavanaugh remarked on Congress’s apprehensions regarding Chinese access to personal information about millions of Americans.
Solicitor General Elizabeth Prelogar argued that TikTok collects vast amounts of personal data valuable for espionage and manipulation by foreign adversaries. She referenced significant data breaches attributed to China over recent years.
The Supreme Court’s ruling affirmed Congress’s authority to act on national security grounds concerning data collection practices linked to TikTok and did not violate First Amendment rights as claimed by its challengers. While acknowledging TikTok as a vital platform for expression among millions of Americans, the court emphasised Congress’s justification for targeted action against it due to national security concerns.
Implications of the Ban
If enforced, this ban would result in changes for both users and content creators. The law prohibits tech companies like Apple and Google from hosting or distributing TikTok after January 19, effectively removing it from app stores and preventing updates or maintenance services for existing users.
Those who attempt to access TikTok post-ban would be redirected to a webpage explaining the situation and offering options for retrieving their personal data.