January 10, 2025
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US ban on TikTok looms as Supreme Court hears arguments
The clock is ticking for TikTok: China-based app owner ByteDance must sell by January 19th or face ban
A participant holds a sign in support of TikTok outside the U.S. Capitol in Washington, DC, on March 13, 2024.
Anna Moneymaker/Getty Images
Roughly 170 million people use TikTok in the United States, but that number could suddenly plummet toward zero when legislation signed by President Joe Biden goes into effect on January 19. The law forces China-based ByteDance, which owns TikTok, to make a choice. They will have to sell their apps to companies outside of China or face a ban. ByteDance has repeatedly stated that the app is not for sale.
Instead, the company filed a lawsuit to make the TikTok app available in the U.S., and the case is now all the way to the Supreme Court. In Friday’s oral argument, Noel Francisco, a lawyer for ByteDance’s U.S. subsidiary TikTok, argued that the new law violates the company’s First Amendment rights and that TikTok’s curation algorithm He likened it to editorial discretion. U.S. Attorney General Elizabeth Preloger argued on behalf of her government that China does not have a First Amendment right to manipulate content in the United States, saying, “The Chinese government could use TikTok as a weapon at any time. “They can harm the United States.” ”
The Supreme Court is expected to issue a decision within the next nine days.
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Why is TikTok’s clock moving forward?
Congress, which passed the TikTok Act with bipartisan support, says China’s influence on the platform poses a national security threat. The Department of Justice has also raised concerns, including the potential collection of personal data from the app’s millions of U.S. users and the possibility of “covert manipulation” of content. (Although there is evidence that ByteDance shared non-U.S. user data with China, the U.S. government has not provided direct evidence that the company or its subsidiaries interfered with U.S. users.)
What could happen?
If TikTok loses, “as I understand it, we’re in the dark,” Francisco told the Supreme Court on Friday. Americans will no longer be able to download or update TikTok from Google or Apple’s app stores. Internet service providers will also face stiff penalties if they allow U.S. users to access TikTok.
Americans may react similarly to former TikTok users elsewhere. After India banned the app in 2020, users flocked to other formats of short-form videos, such as Instagram Reels and YouTube Shorts. It is also possible to access blocked content via a virtual private network (VPN), which can disguise the traffic as coming from a country where TikTok is not banned.
Meanwhile, President-elect Donald Trump asked the Supreme Court to delay interpreting the law until after he takes office. A court brief filed on his behalf argues that his “impeccable transactional expertise” could save the platform while addressing national security concerns. Last September, President Trump posted on his social media network TruthSocial: “Everyone who wants to save TikTok in America, please vote for Trump!” and promised to save the app. Legal scholars have criticized President Trump’s request for a delay.
Is a potential TikTok ban legal? Is it a security theater?
Civil liberties and free speech groups oppose the ban, saying it violates Americans’ First Amendment rights. “Restricting citizens’ access to foreign media is a practice long associated with the world’s most repressive regimes, and it would be a great shame if the Supreme Court allowed this practice to take root here. ,” said Knight Executive Director Jameel Jaffer. The First Amendment Institute said in a news release issued by the institute on Thursday.
Some free speech experts say these TikTok bans are more about political posturing than user protection. Such moves would do little to stop data brokers from selling U.S. users’ information to foreign tech companies and intermediaries, who in turn sell that information to foreign governments. Kate Ruan, an attorney at the Center for Democratic Technology (CDT), a nonprofit civil rights organization, said that “banning access to a single application will not protect the safety or security of American citizens’ data from China or other countries.” is not produced.” Interview with scientific american last year.
