January 16, 2025

TikTok’s office in March came after the U.S. House of Representatives overwhelmingly passed a bill that would give TikTok’s Chinese owner ByteDance about six months to divest the short video app’s U.S. assets or face ban.

Mike Black | Reuters

President Joe Biden’s administration is considering how to keep TikTok available in the United States if a ban set to take effect Sunday takes effect, according to three people familiar with the matter.

“Americans should not expect to see TikTok suddenly banned on Sunday,” one administration official said, adding that officials were “exploring options” on how to implement the law so that TikTok wouldn’t be in trouble on Sunday.

If the administration moves forward with any such plans, it would mean the popular app’s shutdown would not define his last full day in office and would defer the issue to Donald Trump’s inauguration on Monday. Trump) processing.

Meanwhile, Trump’s incoming national security adviser Mike Waltz told Fox News on Wednesday that the president-elect was ready to intervene to preserve access to the Chinese video app in the U.S. market. Trump’s nominee for attorney general, Pam Bondi, declined to commit to enforcing the ban when asked about it during her Senate confirmation hearing on Wednesday.

Taken together, the moves represent a simultaneous effort by a hostile president to circumvent Congress and the Supreme Court, which stands ready to rule on the ban.

Still, a White House official insisted that not enforcing the ban is not an option if it remains in place.

“We are not considering delaying the execution,” the official said. “We don’t believe we have the authority under the law to do that.”

Biden and Trump’s stance is a reversal from their one-time support for banning the app.

The Trump transition team did not respond to a request for comment on the plan.

Former FCC Chairman Ajit Pai says Supreme Court opens door to complexity of TikTok ban

TikTok is considering its options, including the last possibility The app will be shut down on Sunday, although it will also allow the app to remain active without future updates and bug fixes.

The law requires TikTok’s Chinese owner ByteDance to divest from the company and find an outside buyer to take over within nine months. This window is closed on Sunday. The law also provides the president with the power to make a one-time 90-day extension if “significant progress” A decision has been made regarding the divestment.

The measure was enacted in the name of national security because lawmakers believed that U.S. data was at risk of being leaked by China or that China could influence Americans by controlling content on TikTok. TikTok has long said the concerns are unfounded, and some of its users have filed lawsuits to block the law, challenging it on First Amendment grounds.

Without a sale, a moratorium on TikTok would mean these national security concerns remain unresolved, at least for now.

But just days before the potential ban, legions of U.S. TikTok users downloaded other Chinese alternatives with similar security issues.

Trump, who unsuccessfully tried to impose a ban during his first term, vowed during last year’s campaign to “save TikTok.” Biden signed the ban in April as part of a $95 billion aid package to Ukraine and Israel. But now his White House is seeking to repeal the law.

Rep. Ro Khanna, D-Calif., a longtime Biden ally, is among a handful of lawmakers calling on the White House and the Supreme Court to halt the ban.

“I hope President Biden will listen to the millions of voices who don’t want this app to go down,” Khanna said. “He has the authority to extend the time to try to find a solution to prevent the app from shutting down.”

Sen. Ed Markey, D-Mass., also said he had conveyed his concerns about the ban to White House officials and asked them to delay implementation.

He said they replied that they would “think about it” but did not give a clear answer as to what would happen.

At the end of last month, Trump submitted a brief The Supreme Court urged it to delay enforcement of this part of the law so that the incoming president can “find a negotiated solution” to prevent TikTok from shutting down. Trump’s lawyer, John Sauer, argued in the brief that the president-elect “secured a strong electoral mandate from the American electorate to protect the free speech rights of all Americans – including those using TikTok” 170 million Americans.

Days later, Trump spoke on his Truth Social platform ask: “Why should I get rid of TikTok?”

He included a chart showing his widespread influence on the short-form video app, which has 170 million U.S. users.

Last week, Supreme Court justices appeared unconvinced by TikTok’s free speech arguments, although the court may decide to temporarily block the law while still ruling against the social media company.

during the debateChief Justice John Roberts noted that Congress determined that TikTok’s parent company was subject to Chinese law and required it to assist in intelligence gathering.

“So should we ignore the fact that ultimately the parents are actually going to do intelligence work for the Chinese government?” he asked.

When it comes to free speech issues, Roberts said, “Congress doesn’t care about the content on TikTok.”

He added that the law “is not saying TikTok has to stop.” “They say China must stop controlling TikTok.”

TikTok’s Asian headquarters is in Singapore, while its parent company ByteDance is based in Beijing.

Some congressional Republicans who voted for the TikTok bill said they expected Trump would step in and negotiate a sale to U.S. interests once he takes office.

“They have to divest by law so that Trump can be effective by finding a buyer… He sees himself as the chief negotiator,” said Rep. Mike McCaul, chairman of the Foreign Affairs Committee and a China hawk. When Congress passed the legislation last year. “Otherwise, I guess unless he can find a way to peel it off, it’s going to be closed.”

“A lot of influencers rely on TikTok,” he continued. “They don’t want to transform, but ByteDance is controlled by Beijing. This is not a threat to Congress, it is a threat to our children.”

Louisiana Republican Senator John Kennedy said that if TikTok wants to continue operating in the United States, there is only one way to go: divest.

“Congress has passed this bill,” he said. “I want the owners of TikTok to stand up and say, ‘We will never share Americans’ data with the Chinese Communist Party, and here’s how to do it: divest from the parent company.'”

About The Author

Leave a Reply

Your email address will not be published. Required fields are marked *