TikTok on Friday warned of an imminent shutdown for its 170 million US users after the Supreme Court approved a sell-or-ban law targeting the video app.
The law forces TikTok’s Chinese parent company, ByteDance, to sell the platform by January 19 – the day before Donald Trump returns as US president – or face a nationwide ban.
“There is no question that, for more than 170 million Americans, TikTok provides a unique and expansive avenue for 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 the overreach is necessary to address its well-founded national security concerns about TikTok’s data collection practices and relationship with a foreign adversary,” he added.
After the decision, Joe Biden’s administration said the outgoing president would not enforce the ban during his remaining days in office.
“Given the stark reality of the times, this administration recognizes that enforcement actions should simply fall to the next administration, which takes office on Monday,” the White House said.
But TikTok late on Friday said statements from the White House as well as the Justice Department had “failed to provide the necessary clarity and certainty for service providers that are integral to maintaining the availability of TikTok” in the US.
He added: “If the Biden administration does not immediately issue a definitive statement to satisfy the most critical service providers by ensuring non-implementation, TikTok will unfortunately be forced to go dark on January 19.”
Under the terms of the law, without the sale, it will be illegal for companies to offer video app distribution or hosting services, or face fines of up to $5,000 per user.
It remains unclear whether tech groups such as Apple, Google and Oracle, which provide such services to TikTok in the US, would take the risk of continuing to partner with the company over the weekend. It’s also unclear whether the app could be taken offline on purpose to protect its partners.
Apple, Google and Oracle did not respond to requests for comment.
Trump said in a post on Social Truth after the ruling that “his decision on TikTok will be made in the not-too-distant future, but I need time to review the situation,” adding that the court’s decision was “expected and you must respect everyone”.
In a video posted on TikTok after the court ruling, the group’s chief executive Shou Zi Chew made no guarantees about whether the app would continue to operate in the US on Sunday, but praised Trump.
“I want to thank President Trump for his commitment to work with us to find a solution that keeps TikTok available in the United States. This is a strong stand for the First Amendment and against arbitrary censorship,” he said, adding that the president-elect “really understands” the platform.
US Attorney General Merrick Garland said the court’s ruling “enables the Justice Department to prevent the Chinese government from weaponizing TikTok to undermine America’s national security.”
US Deputy Attorney General Lisa Monaco said that “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 develops over time.”
TikTok has said any spin-off would be technologically impossible, while Beijing has indicated it would oppose any sale.
The court’s ruling came shortly after Trump said on Friday that he had discussed TikTok in a phone call with Chinese President Xi Jinping. This was the first call between the leaders in four years.
The Supreme Court decision supports one of the boldest legislative moves of Biden’s tenure, just days before the Democratic president leaves the White House.
On Thursday, incoming Trump national security adviser Mike Waltz said the legislation “allows for an extension as long as a viable deal is on the table. Basically, this buys President Trump time to keep TikTok afloat.”
Chinese officials have held preliminary discussions about whether billionaire Elon Musk — now a close Trump ally — could broker a deal to sell the app, the Financial Times reported this week.
Several potential buyers and partners have been circling and lobbying Trump. This includes Frank McCourt, an American media and sports businessman, who has created a consortium of investors who would bid for TikTok through his non-profit entity, Project Liberty.
TikTok chief Chew has mounted a glamor offensive to cement 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 familiar with the matter said. this matter.
Concerns that Beijing could use the app for espionage or to spread propaganda fueled the law, which was passed with strong bipartisan support last year.
Although China “has not yet used its relationship with ByteDance Ltd to access US TikTok user data,” the high court said, “there was no basis to conclude that the government’s determination that China can do so is not at least a “reasonable” conclusion(s) based on substantial evidence”.
TikTok asked the Supreme Court to hear its case after a US appeals court rejected its challenge to the law, as well as its subsequent request to stay the measure pending further court proceedings.
The company sought to overturn 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
