Supreme Court upholds TikTok ban, app may shut down on January 19

TikTok could be in trouble in the U.S. within days unless Chinese parent ByteDance sells its stake Dilemma.

ByteDance has not publicly expressed its willingness to sell its ownership of TikTok. Representatives for TikTok did not immediately comment on the court's ruling. TikTok told employees they would still have jobs regardless of the Supreme Court's ruling.

There is still room for maneuver for TikTok to potentially avoid an immediate shutdown. The Biden administration has left the question of what to do with TikTok to President-elect Donald Trump, who will be sworn in on January 20. Trump is trying to position himself as TikTok's savior: He's considering issuing an executive order As The Washington Post first reported, Trump would pause enforcement of the law for 60 to 90 days while he tries to enact A resolution that would keep TikTok available — though it’s questionable whether Trump has the legal authority to suspend the law. Divestiture or Prohibition Act.

Trump may also direct the administration not to enforce the ban. But given that the law imposes fines of $5,000 per user on companies that distribute or host the TikTok app, tech companies such as Apple, Google and Oracle (which have agreements to host TikTok user data in the United States) may be reluctant to flout the ban.

Trump posted on Truth Social on Friday that he spoke with Chinese President Xi Jinping and "discussed balanced trade, fentanyl, TikTok and many other topics. President Xi and I will do everything we can to make the world a more Peace and safety!”

At the same time, according to the New York Times, Trump has invited TikTok CEO Shou Zi Chew to attend the inauguration of the president-elect in Washington, D.C., on January 20, and “sat on the podium. Position of Honor”.

The shutdown of the TikTok app in the United States, where it has an estimated 170 million users, would be a boon to rival platforms such as Meta's Instagram, Google's YouTube and Snapchat. Amid the looming threat of a TikTok ban, Chinese social app Xiaohongshu (also known as Red Note) has surged in popularity over the past week.

In May 2024, TikTok and ByteDance sued the U.S. government over the divestment or ban bill, claiming that the bill violated the First Amendment rights of U.S. users. But the Supreme Court sided with the law's supporters, who claimed TikTok posed a national security threat because Beijing-based ByteDance is overseen by the Chinese Communist Party.

TikTok plans to shut down the app in the United States on Sunday, January 19, due to an adverse Supreme Court ruling. At that point, TikTok users will see a pop-up message linking to a website containing information about the ban. TikTok users also have the option to download their personal data.

U.S. lawmakers backing the legislation claim it's not technically a ban because it gives ByteDance a choice: divest TikTok's U.S. operations or shut down the app. TikTok and ByteDance argue in the lawsuit that "in fact, there is no alternative" and say that in order for TikTok to continue operating in the country, a forced divestment required by law is "simply impossible: not commercially, not technically, Not legally."

Chinese officials have reportedly been exploring the possibility of ByteDance selling its stake to tech tycoon Elon Musk. A TikTok spokesperson said this was "pure fiction." ByteDance said 60% of its ownership is represented by "global institutional investors" including Blackrock, General Atlantic and Susquehanna International Group.

Last year, legislation to divest or ban TikTok passed Congress with bipartisan support. The bill was signed into law by President Biden in April 2024. U.S. lawmakers have raised concerns about TikTok's Chinese ownership, suggesting China's communist regime could use the app to spy on Americans or use it to spread pro-China propaganda — although no public evidence has been provided that the Chinese government has asked TikTok to hand over user data or promote specific content.

The law does not mandate the shutdown of TikTok itself. Instead, it bans Apple and Google’s app stores and web hosting services from distributing TikTok in the United States (imposing fines) unless ByteDance sells its ownership stake in the app to a company based in a country that is not designated a “foreign adversary.” entity of the country. "The United States.