Source : the age
By Michael Koziol
Washington: TikTok says it will “go dark” and may disappear from app stores in the United States as soon as Sunday unless President Joe Biden intervenes after the Supreme Court upheld a legislated ban of the Chinese-owned social media app over national security concerns.
The law, carried by Congress and signed by Biden in April, arose from fears shared by many Western allies that user information could end up in the hands of the Chinese government through TikTok’s Beijing-based parent company ByteDance.
A content creator wears a “Keep TikTok” button outside the US Supreme Court in Washington.Credit: Bloomberg
It required ByteDance to divest from TikTok in the US by a deadline which comes on Sunday, January 19, Biden’s final day as president. The company challenged the law on the grounds it violated free speech rights under the First Amendment of the US Constitution, but on Friday the Supreme Court rejected those arguments and upheld the imminent ban.
“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,” the court said in a unanimous opinion.
“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.”
Tiktok released a statement hours after the Supreme Court’s decision.
“Unless the Biden Administration immediately provides a definitive statement to satisfy the most critical service providers assuring non-enforcement, unfortunately TikTok will be forced to go dark on January 19,” the company said.
However, with the inauguration of Donald Trump as president on Monday, the app’s immediate future remains under a cloud. Trump, who previously supported a ban, changed his position during the 2024 election campaign. He subsequently filed a brief to the court saying he opposed the ban and calling for a pause.
Trump posted on TruthSocial after the verdict: “The Supreme Court decision was expected, and everyone must respect it. My decision on TikTok will be made in the not too distant future, but I must have time to review the situation.”
There was speculation in the weeks leading up to Friday’s decision that Trump would direct officials not to enforce the law, although technology firms may decide to remove it from app stores anyway for fear of facing penalties. Trump’s pick for attorney-general, Pam Bondi, refused to discuss what she would do about the matter during her confirmation hearings this week.
Trump also said on Friday morning, US time, that he had just spoken with Chinese President Xi Jinping, in a conversation canvassing trade and TikTok, though he did not expand on what that entailed.
Tiktok will be banned in the US from Sunday, although it’s unknown if the law will be enforced as incoming President Donald Trump has said he will overturn it.Credit: Bloomberg
“The call was a very good one for both China and the USA. It is my expectation that we will solve many problems together, and starting immediately,” Trump posted. “We discussed balancing Trade, Fentanyl, TikTok, and many other subjects. President Xi and I will do everything possible to make the World more peaceful and safe!
The Biden administration indicated it would not enforce the ban during its last hours in power, leaving the matter to Trump. However, the law passed by Congress and signed by the president stands.
CNN quoted a Biden administration official: “Our position on this has been clear: TikTok should continue to operate under American ownership. Given the timing of when it goes into effect over a holiday weekend a day before inauguration, it will be up to the next administration to implement.”
TikTok chief executive Shou Zi Chew thanked Trump “for his commitment to work with us to find a solution that keeps TikTok available in the United States”.
“This is a strong stand for the First Amendment and against arbitrary censorship,” he said in a video on the platform hours after the verdict. “We are grateful and pleased to have the support of a president who truly understands our platform.”
TikTok would not disappear from users’ phones if the ban comes into effect. But it would not be available for download, and users would not be able to update it, meaning it would degrade.
Minutes after the Supreme Court verdict, Mike Pence, who was vice president in the first Trump administration, said Trump must enforce the law “and put the privacy and security of America first”.
“This law was the result of a bipartisan co-operation and I commend it’s [sic] authors and supporters in Congress for enacting this vital law for our national security,” Pence posted on X. “The CCP has been put on notice that the American people’s data is no longer for the taking.”
With Reuters
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