A TikTok ban is scheduled to take effect on Sunday, January 19, following the U.S. Supreme Court's unanimous decision to reject the social media giant's appeal. The court expressed skepticism over TikTok's First Amendment challenge, citing the platform's extensive data collection and its potential susceptibility to foreign adversary control as reasons for the ruling.
The Supreme Court's nine justices recognized the commonality of data collection in the digital era but emphasized, "TikTok’s scale and susceptibility to foreign adversary control, together with the vast swaths of sensitive data the platform collects, justify differential treatment to address the Government’s national security concerns.”
Without political intervention, TikTok is poised to go offline in the U.S. on Sunday. White House Press Secretary Karine Jean-Pierre has stated that President Biden believes TikTok should remain available in the U.S. but under American ownership. However, the implementation of the law will now fall to the incoming administration of President-elect Donald Trump, who will be inaugurated on Monday.
The Supreme Court's ruling further explains, "There is no doubt that, for more than 170 million Americans, TikTok offers a distinctive and expansive outlet for expression, means of engagement, and source of community. But Congress has determined that divestiture is necessary to address its well-supported national security concerns regarding TikTok’s data collection practices and relationship with a foreign adversary. For the foregoing reasons, we conclude that the challenged provisions do not violate petitioners’ First Amendment rights."
Despite Trump's previous opposition to a TikTok ban, there's a possibility he might issue an executive order to delay its enforcement for 60 to 90 days upon taking office. Trump has indicated on Truth Social that he's already in discussions with Chinese President Xi Jinping regarding the ban, among other issues.
While it's uncertain whether China would agree to sell TikTok entirely to a Western buyer, reports suggest a full purchase is being considered. Elon Musk, involved in the incoming Trump administration and owner of Twitter/X, is reportedly being considered as a potential intermediary for interested Western parties, or he might even attempt to acquire TikTok himself.
In response to the looming ban, TikTok users have migrated to the Chinese app Red Note (Xiaohongshu), which has seen a surge of over 700,000 new users in just two days, according to Reuters.
The future of TikTok in the U.S. hinges on finding a new buyer or facing a complete shutdown, unless the Trump administration intervenes with an executive order to alter the course.
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