TikTok warned Friday of an impending outage for its 170 million U.S. users after the Supreme Court upheld a divestment or ban law targeting the video app.
The law requires TikTok’s Chinese parent company, ByteDance, to sell the platform by January 19 – the day before Donald Trump returns to the US presidency – or face a nationwide ban.
“There is no doubt that, for more than 170 million Americans, TikTok provides a distinctive and expansive means of expression, a means of engagement, and a source of community,” the Supreme Court wrote in a unanimous opinion published Friday.
“But Congress has determined that divestment is necessary to address its well-founded national security concerns about TikTok’s data collection practices and its dealings with a foreign adversary,” it adds.
Following the decision, Joe Biden’s administration said the outgoing president would not enforce the ban during the remaining days of his term.
“Given the simple fact of timing, this administration recognizes that action to implement the law must simply fall to the next administration, which takes office on Monday,” the White House said.
But TikTok said Friday evening that statements from the White House as well as the Department of Justice had “failed to provide necessary clarity and assurance to service providers who are integral to maintaining TikTok’s availability » in the United States.
He added: “Unless the Biden administration immediately provides a definitive statement to satisfy the most critical service providers ensuring non-enforcement, unfortunately, TikTok will be forced to go dark on January 19th. »
Under the law, without sales, it will be illegal for companies to provide distribution or hosting services for the video app, subject to fines of $5,000 per user.
It is not yet clear whether technology groups like Apple, Google and Oracle, which offer such services to TikTok in the United States, would take the risk of continuing their partnership with the company over the weekend. It’s also unclear whether the app could also voluntarily go offline to protect its partners.
Apple, Google and Oracle did not respond to requests for comment.
Trump said in a job on Truth Social following the ruling that its “decision on TikTok will be made in the not too distant future, but I must have time to review the situation”, adding that the court’s decision was “expected and everyone must respect”.
In a video posted to TikTok following the court ruling, the group’s chief executive, Shou Zi Chew, gave no assurances about whether the app would continue operating in the United States on Sunday, but did praise of Trump.
“I want to thank President Trump for his commitment to working with us to find a solution to keep TikTok available in the United States. This is a strong stance in support of the First Amendment and against arbitrary censorship,” he said, adding that the president-elect “really understands” the agenda.
U.S. Attorney General Merrick Garland said the court’s decision “allows the Department of Justice to prevent the Chinese government from using TikTok as a weapon to undermine U.S. national security.”
Assistant U.S. Attorney General Lisa Monaco said “the next phase of this effort – implementing and ensuring compliance with the law after it takes effect on January 19 – will be a process that takes place in the time “.
TikTok has said any split would be technologically infeasible, while Beijing has indicated it would oppose any sale.
The court’s ruling came shortly after Trump said Friday that he discussed TikTok during a call with Chinese President Xi Jinping. It was the first call between the leaders in four years.
The Supreme Court’s decision upholds one of the boldest legislative moves of Biden’s term, just days before the Democratic president leaves the White House.
On Thursday, Trump’s new national security adviser, Mike Waltz, said the legislation “allows for an extension as long as a viable deal is on the table.” Essentially, it gives President Trump time to make TikTok work.”
Chinese officials have held preliminary discussions about whether billionaire Elon Musk — now a close Trump ally — could negotiate a deal to sell the app, the Financial Times reported this week.
Some potential buyers and partners have lobbied Trump. These include Frank McCourt, an American media and sports businessman, who created a consortium of investors who would bid for TikTok through his non-profit entity, Project Liberty.
TikTok chief Chew has launched a charm offensive to shore up Trump’s support, including plans to attend a “victory rally” for the president-elect in Washington on Sunday and his inauguration on Monday, two people said close to the file.
Fears that Beijing could use the app for espionage or propaganda purposes prompted the passage of the law, which passed with strong bipartisan support last year.
Even though China “has not yet exploited its relationship with ByteDance Ltd to access the data of US TikTok users,” the top court said, there was “no basis for concluding that the government’s determination that China might do so is not at least a “reasonable decision.” inference[e] based on substantial evidence.”
TikTok asked the Supreme Court to hear its case after a U.S. appeals court rejected its challenge to the law, as well as its subsequent request to stay the measure pending further legal proceedings.
The company sought to throw out the law, arguing that it was unconstitutional and violated the First Amendment’s free speech protections.
Additional reporting by Aime Williams in Washington and Stephen Morris and Michael Acton in San Francisco
