Social media giant TikTok is facing a potential ban in the United States unless its parent company, ByteDance, based in China, divests it by January 19th. This deadline looms as the Supreme Court considers TikTok’s final appeal to overturn the ban. Adding another layer of complexity, former President Donald Trump, who will assume office shortly after the deadline, has requested a delay from the Supreme Court to explore a “political” resolution.
The Core Reasons Behind the Ban
The push to ban TikTok in the US is rooted in accusations from US officials and lawmakers regarding ByteDance’s alleged ties to the Chinese government. These concerns primarily revolve around national security. The core argument is that ByteDance could be compelled by Beijing to surrender user data of TikTok’s massive 170 million US user base.
The US Justice Department has explicitly stated that TikTok’s Chinese parentage and its access to American user data constitute “a national-security threat of immense depth and scale.” This perspective led to bipartisan action in April 2024 when the US Congress passed a bill, subsequently signed into law by President Joe Biden. This law mandates ByteDance to find a US-approved buyer within nine months or face a complete shutdown of TikTok operations across the United States.
TikTok app logo displayed on a smartphone screen, representing the social media platform facing a potential ban in the US.
TikTok and ByteDance vehemently deny any connections to the Chinese government or that user data would be shared. They have also previously rejected the possibility of a sale. The companies have launched multiple legal challenges against the ban, arguing it is “unconstitutional” and would severely infringe upon free speech by censoring millions of American users. They have cautioned that even a temporary ban in early 2025 would have “devastating effects” on their business and user community.
Donald Trump’s Shifting Position and Potential “Lifeline”
The unexpected return of Donald Trump to the presidency has introduced a potential lifeline for TikTok. Ironically, Trump himself attempted to ban TikTok during his presidency in 2020. However, he has now publicly requested the Supreme Court to postpone the ban, indicating his intention to seek a “political resolution” to the issue.
Former US President Donald Trump speaking at a podium, highlighting his evolving stance on the TikTok ban and potential political intervention.
Trump is scheduled to be inaugurated as the 47th US president on January 20th, 2025, just a day after the deadline for TikTok to be sold or banned. Prior to the Supreme Court hearing, Trump’s legal team submitted a brief stating his opposition to the TikTok ban and his plan to address the concerns “through political means once he takes office.” Furthermore, Trump’s meeting with TikTok CEO Shou Zi Chew in December has fueled optimism among those opposing the ban, suggesting potential intervention from the incoming administration.
The Supreme Court convened on January 10th to hear arguments from TikTok and ByteDance against the ban and is currently deliberating whether to overturn the lower court’s decision. A ruling is anticipated in the near future. If the Supreme Court upholds the ban, the path for Trump to prevent TikTok from going offline becomes uncertain. Repealing the existing law would necessitate the passage of new legislation, requiring majority support in both houses of Congress. A lawyer representing TikTok and ByteDance informed the Supreme Court that if the ban proceeds, TikTok would “go dark” in the US on January 19th.
How Would a TikTok Ban Actually Work?
If the TikTok ban is enforced, online platforms, including app stores and web hosting services, will be legally obligated to cease making TikTok accessible to users in the United States. However, this does not automatically mean the TikTok app will vanish from devices where it is already installed.
Getty Images A mobile phone user clicks to download the TikTok app
Person downloading the TikTok app on a mobile phone, illustrating how the ban would prevent new downloads from app stores.
Politicians have explicitly directed Apple and Google executives to prepare to remove TikTok from their respective App Store and Google Play Store for iOS and Android devices. Since most users download apps through these app stores, the ban would effectively prevent new users from acquiring TikTok. Moreover, existing users would lose access to future updates crucial for security enhancements and bug fixes, likely rendering the app increasingly unreliable and eventually unusable over time.
The legislation specifically prohibits the distribution, updating, and maintenance in the US of applications controlled by countries deemed US adversaries. Interestingly, the law does not appear to penalize individual citizens for continuing to use TikTok if they manage to circumvent the ban. Instead, the law targets those who facilitate access to the banned app, potentially imposing substantial fines of up to $5,000 per user found to have accessed it. This law grants broad authority to the president to restrict apps linked not only to China but also to Russia, Iran, and North Korea.
TikTok’s Data Collection Practices
At the heart of the debate surrounding TikTok lies its algorithm. This intricate system dictates the content users see, driven by data collected on their interactions within the app. TikTok leverages this data, alongside device information, location, and even keystroke patterns, to curate personalized video recommendations on its “For You” feed.
Some researchers have asserted that TikTok gathers more user data compared to other platforms to power its highly personalized content delivery. However, it’s important to acknowledge that competing social media platforms like Facebook and Instagram also collect comparable user data.
Global TikTok Bans: A Wider Trend?
While the US potential ban garners significant attention, TikTok is already banned in several other countries. India, previously one of TikTok’s largest markets, banned the app in June 2020. Government authorities in Iran, Nepal, Afghanistan, and Somalia have also implemented bans on TikTok in the past. Furthermore, the UK government and Parliament, as well as the European Commission, have prohibited TikTok on staff work devices in 2023. The BBC has also advised its staff to remove TikTok from corporate phones due to security concerns, reflecting a growing global unease surrounding the platform.
