Now that TikTok has finally ended its legal options to avoid a ban in the United States, its future somehow seems more uncertain than ever.

The Supreme Court couldn't have been more direct: The Protecting Americans from Apps Controlled by Foreign Adversaries Act, which applies to TikTok, has withstood First Amendment scrutiny and will go into effect on January 19. The court agreed that the government had a compelling national security interest in passing the law and its rationale was content-neutral. The proposed solution — forcing Chinese parent company ByteDance to spin off TikTok or expel it from the U.S. — was ruled appropriately tailored to achieve those goals.

However, the government's response hardly gives a sense of victory. In fact, although it is still under the control of ByteDance, it is unclear whether anyone in the US government will make a move like banning TikTok on the 19th.

White House press secretary Karine Jean-Pierre said in a statement following today's Supreme Court ruling: "TikTok should remain available to Americans, but only by U.S. or other ownership "Given the urgency of the time, this administration recognizes that action to implement this law must be the responsibility of the next administration that takes office on Monday." Word is that President-elect Donald Trump will take TikTok The ban is thrown into his lap and the strength of enforcement will be up to him.

After the ruling, Justice Department officials issued confusing statements of their own. Attorney General Merrick Garland Praising the Supreme Court for letting the Justice Department “stop the Chinese government from weaponizing TikTok to undermine U.S. national security.” But Deputy Attorney General Lisa Monaco said, “The next phase of this work — implementing and ensuring compliance with the law after it takes effect on January 19 — will be a process that evolves over time. a process that unfolds over time.”

Trump once promised to "save" TikTok (although He said before Friday's ruling that he had a "very good" call with Chinese President Xi Jinping, including a discussion about the app. After the ruling was quashed, he wrote on Truth Social, "The Supreme Court's ruling was expected and everyone must respect it. My decision on TikTok will be made in the near future, but I must have time to review it." situation." That's not exactly a firm commitment.

A series of articles this week suggested that Chinese officials were at least beginning to consider the idea of ​​selling the app, and even reportedly floated the idea of ​​recruiting Elon Musk to buy the app or help broker a deal. But these reports come from unnamed officials, and so far we've heard nothing from the Chinese government or ByteDance to indicate they are serious about taking steps to sell.

Meanwhile, app stores and service providers - ostensibly banned from supporting TikTok starting Sunday - have remained mum on their plans. Apple and Google, whose app stores support TikTok, while Oracle, which hosts its data in the United States, did not respond to requests for comment. edge. In his first statement after the ruling, TikTok CEO Shouzi Zhou did not reveal how TikTok would handle Sunday's deadline, instead choosing to flatter Trump.

TikTok reportedly plans to shut down on Sunday if the law takes effect, regardless of actions taken by other companies. So, ultimately, the only party still committed to complying with TikTok's ban deadline may be TikTok itself.

Whatever TikTok’s plans are, there are only a few options left:

• President Joe Biden could direct the Justice Department not to enforce the law on the final day of his presidency — a path his administration has strongly suggested is its chosen path. Trump is likely to do the same thing when he takes office on Monday. This would put U.S. companies at risk of fines of up to $5,000 for each user who accesses TikTok through their service, as the law will remain on the books and may eventually be enforced.
• Biden can exercise the 90-day extension provided by law. Technically, that would only happen if TikTok made some progress toward reaching an agreement, which could expose the government to legal challenges. Still, some Democratic lawmakers have urged Biden to use the power.
• Congress could pass a new law, repeal the original law or formally allow an extension, like the bill championed by Sen. Ed Markey (D-MA) this week. But Congress is not known for speed.
• ByteDance may agree to a deal that would put at least 80% of TikTok under the control of non-foreign counterparty owners, bringing the app into compliance with the law. But the company and the Chinese government have previously publicly dismissed the idea of ​​a sale - and while there are signs they are working behind the scenes, it's unclear how quickly a deal could be struck.

The U.S. government has successfully pushed a once implausible political proposition into the mainstream: banning one of the country's most popular social media services, in part due to as yet undisclosed national security concerns. But lawmakers and the White House have always maintained that their goal is to force TikTok to sell to non-Chinese owners. Instead, the company remains focused on exhausting its legal options — apparently not even making much contact with potential buyers such as billionaire Frank McCourt's Liberty Project. It's unclear whether China is willing to let ByteDance sell.

After more than four years of pushing for the sale or ban of TikTok, the U.S. government finally got what it wanted, but failed to do so. In this geopolitical game, TikTok—whether it likes it or not—appears to be winning for now.