TikTok plans to shut down on Sunday, January 19, in the United States, its social media app used by 170 million Americans, as a federal ban is set to take effect. Unless there is a last-minute reprieve, in 72 hours, the social network will no longer be available in the land of Uncle Sam.
TikTok « suspended » by Trump’s decree
President-elect Donald Trump, whose term begins a day after the ban is set to take effect, is considering issuing an executive order to suspend the network’s shutdown for 60 to 90 days. The report does not specify how Trump could legally do this.
The law signed last April prohibits new downloads of TikTok on Apple, Google, and other apps if the Chinese parent company ByteDance fails to divest the site. Users who have downloaded TikTok could theoretically still use the app. However, the law also prohibits American companies, starting Sunday, from providing services that enable the distribution, maintenance, or updating of TikTok.
Trump’s transition team did not comment immediately. Mr. Trump states that he should have time after taking office to seek a “political resolution” to the issue.
Can Joe Biden prevent this suspension of TikTok ?
“TikTok is a fantastic platform in itself,” says Trump’s new national security advisor. “We will find a way to preserve it while protecting people’s data.” The New York Times separately reports that the CEO of TikTok has received an invitation to attend the President-elect’s inauguration.
A White House official states that President Joe Biden does not intend to intervene to block a ban in his final days in office if the Supreme Court does not act. Moreover, Biden is legally unable to intervene in the absence of a credible plan from ByteDance to divest TikTok.
However, an NBC report states that the Biden administration had explored options to keep the social media platform accessible to users beyond Sunday, aiming to defer the decision to Donald Trump, who will be inaugurated on Monday. “Americans should not expect to see TikTok suddenly banned on Sunday,” an administration official told the television network.
U.S. Senator Ed Markey on Wednesday requested unanimous consent to extend ByteDance’s deadline to divest TikTok by 270 days. However, Republican Senator Tom Cotton blocked this proposal.
Towards an informative redirect page
If the app is banned, TikTok plans for users attempting to open it to see a pop-up message directing them to a site containing information about the ban.
“We are shutting down. Essentially, the platform is closing,” TikTok’s lawyer, Noel Francisco, told the Supreme Court last week.
The company also plans to give users the option to download all their data so they can keep a record of their personal information.
Users of the social media platform X express their disappointment at a possible app ban, as Sunday approaches. They also expressed their joy at reports that Trump is considering ways to avoid the ban.
Risk of inaccessibility for many countries worldwide
The shutdown of TikTok in the United States could make it unavailable to users in many other countries. Indeed, hundreds of service providers in the United States contribute to making the platform available to TikTok users worldwide and will no longer be able to do so starting Sunday. Notably in Africa, where TikTok impacts economic activity.
TikTok states in the court filing that an order is necessary to “avoid service disruption for tens of millions of TikTok users outside the United States.” TikTok states that the bans would eventually render the app unusable, emphasizing that “data centers almost certainly confirm they can no longer store” TikTok’s code, content, or data.
Complete shutdown of TikTok
The complete shutdown of services also aims to protect TikTok service providers from any legal liability. This will facilitate the resumption of operations if President-elect Donald Trump chooses to lift any ban.
The shutdown of these services does not require longer planning, knowing that most operations have continued normally since this week. If the ban is later lifted, TikTok could restore service for American users in a relatively short time, sources indicate.
ByteDance is a privately held company owned 60 % by institutional investors such as BlackRock and General Atlantic. Its founders and employees each hold 20 %. The company has more than 7,000 employees in the United States.
President Joe Biden signed a law last April requiring ByteDance to sell its U.S. assets by January 19, under penalty of a national ban. Last week, the Supreme Court seemed inclined to uphold the law, despite calls from Trump and lawmakers to extend the deadline.
TikTok and ByteDance are requesting at least a delay in the implementation of the law, which they argue violates the First Amendment protection of the U.S. Constitution against government infringement on freedom of speech. TikTok estimates that one-third of its 170 million American users would stop accessing the platform if the ban lasted a month.
