A U.S. ban of TikTok began to receive result on Sunday, capping a high-stakes battle that pitted the federal government against one of the country’s most popular social media platforms.
Congress passed the assess last spring with overwhelming bipartisan back, granting TikTok a 270-day window to cut its ties with China-based parent corporation ByteDance or face a ban.
Instead of initiating a sale, however, TikTok pursued a legal test on First Amendment grounds that ended in setback at the Supreme Court on Friday.
The unanimous ruling from the country’s highest court found merit in national safety concerns regarding potential user data collection or content manipulation that the Chinese government might undertake.
Yet the ultimate fate of TikTok remains doubtful. Rather than force TikTok to receive the app dim, the ban targets third-event companies like cloud-service providers and app stores, meaning TikTok could circumvent such restrictions, at least temporarily.
The platform became unavailable for some users Saturday evening, with a popup communication in the app saying, “Sorry, TikTok isn’t available correct now.” By Sunday morning, App stores run by Apple, Google and Samsung began removing the app.
The Biden administration said earlier this week that it would not enforce the ban on Sunday, leaving implementation of the assess to President-elect Donald Trump, who takes office on Monday. Trump has vowed to reverse the ban.
Here’s what could be next for TikTok.
TikTok’s standard is expected to deteriorate
TikTok could remain available for U.S. users over the coming days and weeks but the app would likely degrade in standard, experts previously told ABC information.
The rationale is because the ban would place restrictions on app stores and hosting companies, which provide the digital infrastructure on which web services like TikTok depend.
Mandatory removal of the app from major app stores would not only bar recent users from downloading the app, it also would prevent existing users from updating it.
Apple in a back update posted on Sunday said users who already installed ByteDance apps will be able to keep them on their device.
“But they can’t be redownloaded if deleted or restored if you shift to a recent device,” Apple said. “In-app purchases and recent subscriptions are no longer feasible.”
Without updates, the app would deteriorate in standard over period, some experts said – for example, through inconveniences such as video-loading delays and act glitches.
A divide stipulation in the ban would also make it illegal for hosting companies to provide services for TikTok. The assess offers a fairly broad characterization of such firms.
TikTok would stop functioning if the firm’s U.S.-based hosting companies stopped providing services. However, the social media giant could establish partnerships with hosting companies outside the U.S., putting them out of reach of U.S. enforcement – in hypothesis, at least.
Such a shift would keep TikTok available to U.S. users, but the service would likely be slower and glitchier as the digital infrastructure moves farther away, experts said.
Trump has vowed to reverse the ban
Trump is considering what executive actions he has available to allow TikTok to keep operating, sources familiar with the matter told ABC information.
One alternative is an executive order that could attempt to direct the government to not enforce the law, but that avenue faces legal roadblocks, experts told ABC information, chief of which is that an executive order can’t override a law that Congress has passed and that has now been upheld by the Supreme Court.
Trump’s fairness Department could still opt against enforcement of the law, reassuring app stores and cloud-service providers that they wouldn’t face prosecution in the occurrence of a violation.
While the fairness Department has enforcement discretion, app providers like Apple and Google could still be subject to hefty fines under a law that has a five-year statute of limitations, which would extend it beyond the length of Trump’s presidential term.
Pam Bondi, Trump’s nominee for attorney general, declined to declare during her confirmation hearing this week whether she would commit to enforcing the TikTok ban.
TikTok CEO Shou Zi Chew, who will attend Trump’s inauguration after receiving an invitation from the incoming administration, thanked Trump in a video posted to TikTok on Friday after the Supreme Court ruling.
“I desire to thank President Trump for his commitment to work with us to discover a answer that keeps TikTok available in the United States. This is a powerful stand for the First Amendment and against arbitrary censorship,” Chew said.
Congress may receive up the ban a second period
TikTok may await a potential repeal of the law that banned the app in the first place.
A repeal would require passage in both houses of Congress, landing the assess on Trump’s desk for his signature.
Congress voted in favor of the ban only nine months ago. In the House of Representatives, the ban passed by an overwhelming spread of 352-65. In the Senate, 79 members voted in favor of the assess, while 18 opposed and three abstained.
Since then, however, Trump has voiced his disapproval of the assess and Republicans have taken control of both chambers of Congress. Even so, whether such a repeal would make its way to the floor, and its fate should it do so, are unfeasible to projection.
ABC information’ Selina Wang, Katherine Faulders, Steven Portnoy, Elizabeth Schulze and Devin Dwyer contributed to this update.
