TikTok is facing a potential ban in the U.S. that could go into effect just one day before a new administration takes the Oval Office — and its fate hinges on legal battles, political maneuvers, and President-elect Donald Trump.
In short: We're waiting.
In April, President Joe Biden signed a bill into law that gave ByteDance, TikTok's Chinese parent company, nine months to either get a new owner or be banned in the U.S., meaning app stores like Apple and Google and internet hosting companies could face penalties from the government if they distribute or update TikTok. TikTok responded to the potential ban in the courts by suing the government in May, calling the law unconstitutional because the company claims it "subjects a single, named speech platform to a permanent, nationwide ban, and bars every American from participating in a unique online community with more than 1 billion people worldwide."
While the case is ongoing, the Jan. 19 deadline is swiftly approaching. That suit could help give TikTok a bit of leeway, putting the ban on hold until Trump is inaugurated and he has the power to potentially stop it.
Trump has flipped his opinion on TikTok, from attempting to ban it through an executive order in 2020 to announcing "I'm gonna save TikTok" on the campaign trail in 2024. The president-elect, who was once a great enemy of the app, is now being painted as its savior.
Trump could indeed, at the very least, slow the ban from being enforced. Under the Protecting Americans From Foreign Adversary Controlled Applications Act, the president can extend the deadline by 90 days if there has been "significant progress toward a sale." Four people close to Trump say he’s going to try and stop it from happening, according to a report from The Washington Post.
However, to fully repeal the law, Trump would need approval from Congress, which is anything but a clear way to success. The original law passed with wide bipartisan support — 352 in favor in the House of Representatives and 79 in the Senate. Without congressional support, he would have to ask his new attorney general — Matt Gaetz — to refuse to enforce the law.
In the past, ban efforts (i.e., Trump's 2020 executive order) have resulted in a chorus of upset from users and creators on the platform. But, lately, it's been oddly quiet on the app — and it's not just creators who don't seem to be freaking out as much as you might expect.
ByteDance's valuation was set at $300 billion, one of its highest valuations to date, on Sunday. And The New York Times reports that employees seem pretty confident, too. "Inside TikTok, there has been little acknowledgment that the company might soon be banned in the United States, despite its thousands of employees here, according to four former employees who spoke on the condition of anonymity, citing nondisclosure agreements. Executives have, at times, made light of the possible ban, suggesting in one all-hands meeting that it would one day be the subject of a Hollywood film, three of the employees said," the Times reported.
One thing is clear: Despite the relatively calming reports from the app, things are still very much up in the air for the future of TikTok.
