Sale Deadline Looms as TikTok Waits for Supreme Court Decision

The TikTok clock is ticking. A US Supreme Court ruling that will likely decide the fate of the popular social media platform could come any day now, with a potential TikTok ban set to take effect in less than a week.

The nation’s highest court is considering 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 US unless TikTok’s Chinese parent company ByteDance sells it to a buyer deemed suitable by US officials by Sunday, January 19th.

TikTok and US Government Lawyers made oral arguments before the court on Friday, TikTok said the ban would violate 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 the justices were more in agreement with the government’s argument: It’s not about free speech, it’s about the dangers posed by foreign adversaries like China. .

It’s unclear when the Supreme Court will rule, but it will likely come before the Jan. 19 sale deadline. It’s also possible that the court could put the law on hold, temporarily halting the law until President-elect Donald Trump takes office just one day later, on Jan. 20.

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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 Chinese interests.

TikTok continues to deny these allegations. Ahead of the congressional vote earlier this year, TikTok has rallied its users in the USurging them to persuade their representatives on Capitol Hill to vote against the ban. But the measure ultimately passed both houses of Congress by wide margins and was signed into law by Biden.

But Trump, who pushed for a ban during his first term, now says he no longer supports it. Last week, Trump’s lawyers filed an amicus brief in action. They didn’t take sides, but instead asked the court to delay the ban to give Trump time to make a “political decision.”

So what’s next for lawmakers and TikTok? Here’s what you need to know.

What does the law do?

The legislation aims to force ByteDance to sell TikTok to a buyer that U.S. officials agree with, while also ensuring that ByteDance no longer has access to U.S. user data or control over TikTok’s algorithm, which decides what videos American users see.

TikTok was given nine months to comply, hence the January 19 deadline before the government could demand the app be removed from US app stores. The President may grant an extension of 90 days. Also on Monday, a pair of US senators announced thatlegislation that would give TikTok another nine months.

TikTok has long said that selling is not an option. During oral arguments on Friday, company spokesman Noel Francisco said TikTok would effectively “go dark” if the ban went into effect. In fact, the application will most likely die a slow death. It will no longer be available in the Google and Apple app stores, and current users will not be able to receive software updates, which will ultimately make the app too buggy to use.

Biden, who signed the bill establishing those requirements, will remain in office until Inauguration Day on Jan. 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 a ban and promised to “save TikTok,” although he did not specify how he would do that.

During a press conference in December, Trump pointed to TikTok’s role during the election, saying it helped him win votes from young people.

“TikTok has had an impact and that’s why we’re looking at it,” Trump told the press. “I have a little warmth in my heart. Honestly”.

Trump said In March, he stated on CNBC’s “Squawk Box” that while he still considers the app a national security threat, he no longer believes it should be banned, saying, “There are a lot of little kids on TikTok who would get away with it without it.” mind.”

Trump added that banning TikTok would only strengthen the power of Facebook, which he called “the enemy of the people.”

In September, Trump promised “I know TikTok“, according to the Associated Press. But during interview aired last month on Meet the PressTrump has not directly said whether or how he will help TikTok avoid a ban.

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Who opposed the TikTok ban?

Free speech and digital rights groups and some security experts have long opposed the idea of ​​a ban, saying that singling out TikTok would do nothing to address broader social media problems. Some have filed applications in the high court in support of TikTok.

Instead, they argue that 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.

Electronic Frontier Civil Liberties Foundation Director David Greene, co-author friend’s note The lawsuit, filed late last month, says corporations around the world are now allowed to collect, store and sell Americans’ personal data. And this data can easily be stolen or purchased by foreign adversaries.

“Banning or forcing the sale of one social media app will do little to protect Americans’ data privacy from another country,” Greene said in a statement to the EFF.