As of midnight on Sunday 19 January, the video-sharing platform TikTok will be going dark in the United States. The Supreme Court has upheld a nationwide ban on the Chinese-owned social media platform, citing national security and data privacy concerns.
In a unanimous decision, the conservative majority court supported the lower courts, President Joe Biden, and Congress in passing the Protecting Americans From Foreign Adversary Controlled Applications Act. This law requires TikTok’s parent company, ByteDance, to either divest the service or face being cut off from US app stores and hosting services.
The Supreme Court stated in its opinion that while TikTok provides a platform for millions of Americans to express themselves, Congress has determined that divestiture is necessary to address national security concerns related to data collection and its relationship with a foreign adversary.
Craig Singleton, a senior fellow at the Foundation for the Defense of Democracies, praised the decision, emphasizing the need to protect American interests and ensure reciprocity in dealings with Chinese companies.
While TikTok has faced bans in other countries, the US ban is significant as it is the first time such a widely used service has been banned outright. The ban will impact businesses, creators, and influencers in the US as well as organizations in other countries.
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Despite the Supreme Court ruling, the Biden administration has indicated it will not immediately enforce the ban, leaving the decision to President-elect Donald Trump. Trump, who previously sought to ban TikTok but has since changed his stance, may delay enforcement to allow ByteDance to find a buyer for the service.
TikTok CEO Shou Zi Chew expressed gratitude to President Trump for working towards a solution to keep the platform available in the US. Trump, in a message on his Truth Social network, hinted at a possible resolution that would safeguard US control over TikTok’s algorithm and user data.
Singleton believes that a negotiated divestiture under Trump’s leadership could not only save TikTok but also demonstrate the ability of the US to protect its interests while engaging with adversaries on its own terms.
