
TikTok has issued a stark warning: access to the app for over 170 million U.S. users will be suspended on Sunday unless President Joe Biden’s administration takes immediate steps to prevent enforcement of a ban imposed by a bipartisan law.
The law, signed in April, mandates TikTok’s sale to American buyers or an outright ban. On Friday, the Supreme Court upheld the law, rejecting appeals from TikTok’s owners, who argued it violated free speech rights under the First Amendment.
In response, TikTok stated, “Unless the Biden Administration immediately provides a definitive statement to satisfy the most critical service providers assuring non-enforcement, TikTok will be forced to go dark on January 19.”
The Ban and Its Implications
The Biden administration has signaled that the responsibility for enforcing the ban will pass to President-elect Donald Trump after his Monday inauguration. Although Trump has hinted he may not enforce the ban, legal uncertainties remain.
TikTok’s CEO Shou Chew vowed to fight for Americans’ access to the platform, emphasizing its value as a space for expression and connection. In a recent video, Chew thanked President Trump for his willingness to collaborate on a solution to preserve TikTok’s presence in the U.S.
Service providers, including Google and Apple, have raised concerns about liability for hosting TikTok if the ban takes effect. They risk hefty fines under the law, which penalizes distribution or updates of the app with fines reaching billions of dollars.
Supreme Court Decision
The Supreme Court highlighted national security concerns, citing TikTok’s extensive data collection practices and ties to the Chinese government. It noted Congress’s determination that selling TikTok to U.S. buyers was necessary to address these risks.
Justice Neil Gorsuch concurred, emphasizing the threat posed by foreign adversaries’ access to sensitive user data. Justice Sonia Sotomayor, while agreeing with the ruling, called for stronger recognition of First Amendment implications.
Next Steps
With the Biden administration nearing its end, TikTok’s fate lies with the incoming Trump administration. A decision could include extending the ban or negotiating a deal to keep the app operational under new ownership.