Washington – In a unanimous decision, the Supreme Court has upheld the federal law banning TikTok, the popular social media app owned by China-based parent company ByteDance. The ruling comes as a result of concerns over national security and the potential for the Chinese government to access sensitive user data through the app.
The ban, set to take effect on Sunday, will render the app unworkable for new users and prevent existing users from receiving updates. While existing users will still be able to access the app, experts have warned that it will eventually become obsolete without updates.
The decision was made amidst political turmoil, with President-elect Donald Trump and his administration pushing for a sale of the app before the ban takes effect. Trump, who boasts 14.7 million followers on the app, has found himself at odds with prominent Republican senators who have criticized TikTok’s Chinese ownership for not finding a buyer sooner.
The future of the app remains uncertain, with President Joe Biden’s incoming administration signaling that they will not enforce the ban on Biden’s last full day in office. The law allows for a 90-day pause in the restrictions if progress is made towards a sale before the ban takes effect. However, it is unclear if this will apply in this case.
During arguments, the Supreme Court heard from a lawyer representing TikTok and ByteDance, who explained the difficulty of negotiating a sale due to Chinese law prohibiting the transfer of the app’s proprietary algorithm. This algorithm is what has made TikTok so popular, allowing users to watch hundreds of short videos in a short amount of time.
The app has faced numerous lawsuits, with one filed by the state of Kentucky accusing TikTok of being designed to be addictive and harmful to children’s mental health. Similar suits have been filed by more than a dozen states, but TikTok has denied these claims, calling them inaccurate.
Beyond concerns about user data and addictive design, the dispute over TikTok’s ties to China has become a symbol of the ongoing geopolitical competition between the US and China. The US government has expressed fears that the Chinese government could use TikTok to manipulate content and gather sensitive user data.
TikTok, however, has maintained that there is no evidence of this and has pushed back against the ban. In April, bipartisan majorities in Congress passed legislation that President Biden signed into law, marking the end of a years-long battle over TikTok’s presence in the US.
TikTok has consistently denied being a tool for the Chinese government and filed a lawsuit against the government in response to the ban. In December, a three-judge panel unanimously upheld the law, prompting TikTok to appeal to the Supreme Court.
Despite the efforts of TikTok and its supporters, the ban will go into effect on Sunday if a buyer is not found. The law prohibits app stores like Apple and Google from offering TikTok, as well as internet hosting services from hosting the app.
While ByteDance has stated that they will not sell the app, there have been potential buyers expressing interest, including former Treasury Secretary Steven Mnuchin and billionaire businessman Frank McCourt. McCourt’s Project Liberty initiative, along with unnamed partners, has presented a proposal to acquire TikTok’s US assets, though the financial details have not been disclosed.
The Biden administration has suggested that the law taking effect could be the “jolt” needed to push ByteDance to reconsider their position and potentially find a buyer.
TikTok has become a cultural phenomenon, with millions of users and a platform for creative expression and entertainment. The ban has sparked debates about free speech and the influence of foreign-owned apps in the US. Regardless of the outcome, the future of TikTok remains uncertain, but the Supreme Court’s decision has made it clear that protecting national security is a top priority.
