On Sunday, January 19, Apple will need to remove TikTok from the U.S. App Store, because the app will be officially banned in the United States. On the 19th, app distributors and websites will be prohibited from distributing, maintaining, or updating the TikTok app, though the app itself could continue to function on devices where it has already been downloaded. TikTok has said, however, that it plans to shut down the app when the ban begins.
TikTok did not receive a delay or reprieve from the United States Supreme Court, which today said [PDF] that it is upholding the Protecting Americans from Foreign Adversary Controlled Applications Act. TikTok can avoid a ban by severing its U.S. operations from Chinese control, which means that Chinese TikTok parent company ByteDance must divest the U.S. version of the app in order for it to continue to operate.
The law, which passed in April, requires TikTok to be sold to a non-Chinese company. ByteDance was given nine months to sell the app prior to when the ban was scheduled to go into effect, but the company has focused on appealing the ruling. ByteDance argued that the law was unconstitutional and violated the First Amendment, but the Supreme Court maintains that ByteDance does not have First Amendment rights as a Chinese company.
ByteDance has claimed that it is technologically impossible to divest TikTok, both due to the complexity of the code and the rearchitecture needed to uncouple it from ByteDance's software tools. ByteDance does not intend to hand over its proprietary algorithm, and the Chinese government has also opposed a sale so far. Now that the Supreme Court has ruled against TikTok, ByteDance and China may reconsider selling the app.
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. 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.
For the foregoing reasons, we conclude that the challenged provisions do not violate petitioners' First Amendment rights. The judgment of the United States Court of Appeals for the District of Columbia Circuit is affirmed.
Should ByteDance sell TikTok to a U.S. company, TikTok will be able to continue to operate as normal.
The TikTok ban will go into effect one day before Donald Trump takes office, and it is not clear how the administration change will impact the outcome. In a statement to CNN, Trump said "It ultimately goes up to me, so you're going to see what I'm going to do." He went on to say "Congress has given me the decision, so I'll be making the decision."
Trump asked the Supreme Court to delay making a decision and to delay TikTok's ban, but the court declined to do so. It will be up to Trump's administration to enforce the law going forward, and there are avenues that would allow Trump to circumvent the Supreme Court's ruling so that TikTok remains operational, including an executive order that delays the ban.
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