By Julie Clover
On Sunday, January 19, Apple will have to remove TikTok from the US App Store as the app will be officially banned in the United States. On the 19th, app distributors and websites will be prohibited from distributing, supporting, or updating the TikTok app, although the app itself can continue to work on devices where it has already been downloaded. However, TikTok has said it plans to shut down the app when the ban begins.
TikTok has received no reprieve or pardon from the US Supreme Court, which today said [PDF] it upholds the Protecting Americans from Foreign-Controlled Apps Act. TikTok can avoid the ban by separating its U.S. operations from Chinese control, meaning TikTok's Chinese parent company ByteDance must divest the U.S. version of the app for it to continue operating.
The law, passed in April, requires TikTok to be sold to a non-Chinese company. ByteDance was given nine months to sell the app before the ban was set to take effect, but the company is focused on appealing the decision. ByteDance argued that the law is unconstitutional and violates the First Amendment, but the Supreme Court has argued that ByteDance does not have First Amendment rights as a Chinese company.
ByteDance has argued that it is technologically impossible to divest TikTok, both because of the complexity of its code and the redesign required to separate it from ByteDance’s software tools. ByteDance has no intention of handing over its proprietary algorithm, and the Chinese government has also so far opposed a sale. Now that the Supreme Court has ruled against TikTok, ByteDance and China may reconsider selling the app.
There is no doubt that TikTok offers a distinctive and expansive outlet for expression, a means of engagement, and a source of community for more than 170 million Americans. 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.
For the reasons stated above, we conclude that the challenged provisions do not violate petitioners’ First Amendment rights. The decision of the US Court of Appeals for the District of Columbia Circuit has been affirmed.
If ByteDance sells TikTok to a US company, TikTok will be able to continue operating as normal.
The TikTok ban will go into effect the day before Donald Trump takes office, and it is unclear how the change in administration will affect the outcome. In a statement to CNN, Trump said, “Ultimately, it’s up to me, so you’ll see what I’m going to do.” He went on to say, “Congress gave me the decision, so I’m going to make the decision.”
Trump asked the Supreme Court to stay its decision and put the TikTok ban on hold, but the court declined to do so. The Trump administration will decide how to enforce the law going forward, and there are ways Trump could circumvent the Supreme Court’s ruling to keep TikTok operating, including an executive order that would put the ban on hold.
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