TikTok's Fight against Going Dark Gains Support from Key US Lawmakers

The TikTok app logo is seen in this illustration taken January 16, 2025. (Reuters)
The TikTok app logo is seen in this illustration taken January 16, 2025. (Reuters)
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TikTok's Fight against Going Dark Gains Support from Key US Lawmakers

The TikTok app logo is seen in this illustration taken January 16, 2025. (Reuters)
The TikTok app logo is seen in this illustration taken January 16, 2025. (Reuters)

TikTok's fortunes took a positive turn on Thursday as a growing number of US officials said its Chinese owner should have more time to sell the app and stop it from being banned ahead of President-elect Donald Trump's return to the White House.

Trump's incoming national security adviser said the new Republican administration will keep the social media app used by 170 million Americans alive in the US if there is a viable deal and top Senate Democrat Chuck Schumer urged President Joe Biden to extend by 90 days a deadline to shut it down on Sunday.

A law passed in April mandates TikTok's owner, ByteDance, divest TikTok's US assets by Sunday to a non-Chinese buyer, or be banned on national security concerns.

"We will put measures in place to keep TikTok from going dark," US Representative Mike Waltz told Fox News, pointing to a provision in the law allowing for a 90-day extension if there is "significant progress" toward a divestiture.

"Essentially that buys President Trump time to keep TikTok going," said Waltz, who was picked by Trump to be his national security adviser.

A White House official said on Thursday the Biden administration does not plan to enforce the ban on Sunday leaving it up to the Trump administration, though it is not clear if the app will remain online absent a formal extension.

"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," the official said.

The US Supreme Court is currently deciding whether to uphold the law and allow TikTok to be banned on Sunday absent a divestiture, overturn the law or pause it to give the justices more time to make a decision.

The court said it may issue rulings on Friday, but as is customary, did not state which case or cases would be decided.

Trump once supported a ban on the app but changed his stance last year. His shift came amid growing signs of support for his presidential campaign among tech executives and overtures from Republican donor Jeff Yass, who owns a big share of ByteDance.

In a sign of warming ties between Trump and TikTok, the video app's CEO, Shou Zi Chew, will attend the presidential inauguration on Jan. 20 and be seated on the dais among other high-profile invitees, two people familiar with the matter told Reuters.

BIPARTISAN SHIFT

"It's clear that more time is needed to find an American buyer and not disrupt the lives and livelihoods of millions of Americans,” Schumer said on the Senate floor, adding that Democrats tried to pass a bill extending the deadline to find a solution to 270 days.

"I will work with the Trump administration and with both parties to keep TikTok alive while protecting our national security," he added.

The comments by Schumer, who was a strong supporter of the law to force a sale, are a sign of the growing concern among prominent Democrats about the potential impact and political fallout of shutting down TikTok.

The New York Times reported Trump is considering an executive order that would seek to allow TikTok to continue operating despite a pending legal ban until new owners are found. It was not immediately clear if Trump has the authority to do so given the legal divestiture requirements imposed by Congress.

TikTok did not respond to requests for comment.

A spokeswoman for the Trump transition, Karoline Leavitt, said, "President Trump has repeatedly expressed his desire to save TikTok, and there's no better deal maker than Donald Trump."

'TALKS A BIG GAME'

Still, several Republicans and Democrats remain concerned about Chinese ownership of the app, worried the Chinese government could use it as a tool to collect data on US citizens and to spread propaganda to the public.

"Trump talks a big game on China & wanted to ban TikTok - just like many Republicans voted to do," Representative Frank Pallone, the top Democrat on the Energy and Commerce Committee, wrote on the social media platform X.

"But now he's inviting TikTok's CEO to sit beside him at his inauguration even though TikTok is linked to the CCP & is a threat to our national security. What message does this send?"

The prospect of a TikTok ban has already triggered some users to seek alternatives, with Chinese social media app RedNote gaining nearly 3 million US users in one day earlier this week, according to analytics firm Similarweb.

Reuters reported that TikTok plans to shut US operations of its social media app on Sunday barring a last-minute reprieve, according to people familiar with the matter.

Privately held ByteDance is about 60% owned by institutional investors such as BlackRock and General Atlantic, while its founders and employees own 20% each. It has more than 7,000 employees in the United States.



US Supreme Court Upholds Law Banning TikTok If It’s Not Sold by Its Chinese Parent Company

A person live streams to their TikTok followers as the high justices rule to uphold a ban on the video-sharing app TikTok in the TikTok vs. Merrick Garland case in Washington, DC, USA, 17 January 2025. (EPA)
A person live streams to their TikTok followers as the high justices rule to uphold a ban on the video-sharing app TikTok in the TikTok vs. Merrick Garland case in Washington, DC, USA, 17 January 2025. (EPA)
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US Supreme Court Upholds Law Banning TikTok If It’s Not Sold by Its Chinese Parent Company

A person live streams to their TikTok followers as the high justices rule to uphold a ban on the video-sharing app TikTok in the TikTok vs. Merrick Garland case in Washington, DC, USA, 17 January 2025. (EPA)
A person live streams to their TikTok followers as the high justices rule to uphold a ban on the video-sharing app TikTok in the TikTok vs. Merrick Garland case in Washington, DC, USA, 17 January 2025. (EPA)

The Supreme Court on Friday unanimously upheld the federal law banning TikTok beginning Sunday unless it's sold by its China-based parent company, holding that the risk to national security posed by its ties to China overcomes concerns about limiting speech by the app or its 170 million users in the United States.

A sale does not appear imminent and, although experts have said the app will not disappear from existing users' phones once the law takes effect on Jan. 19, new users won't be able to download it and updates won't be available. That will eventually render the app unworkable, the Justice Department has said in court filings.

The decision came against the backdrop of unusual political agitation by President-elect Donald Trump, who vowed that he could negotiate a solution and the administration of President Joe Biden, which has signaled it won't enforce the law beginning Sunday, his final full day in office.

Trump, mindful of TikTok’s popularity, and his own 14.7 million followers on the app, finds himself on the opposite side of the argument from prominent Senate Republicans who fault TikTok’s Chinese owner for not finding a buyer before now. Trump said in a Truth Social post shortly before the decision was issued that TikTok was among the topics in his conversation Friday with Chinese leader Xi Jinping.

It’s unclear what options are open to Trump once he is sworn in as president on Monday. The law allowed for a 90-day pause in the restrictions on the app if there had been progress toward a sale before it took effect. Solicitor General Elizabeth Prelogar, who defended the law at the Supreme Court for the Democratic Biden administration, told the justices last week that it's uncertain whether the prospect of a sale once the law is in effect could trigger a 90-day respite for TikTok.

“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,” the court said in an unsigned opinion, adding that the law “does not violate petitioners' First Amendment rights.”

Justices Sonia Sotomayor and Neil Gorsuch filed short separate opinions noting some reservations about the court's decision but going along with the outcome.

“Without doubt, the remedy Congress and the President chose here is dramatic,” Gorsuch wrote. Still, he said he was persuaded by the argument that China could get access to “vast troves of personal information about tens of millions of Americans.”

Some digital rights groups slammed the court’s ruling shortly after it was released.

“Today’s unprecedented decision upholding the TikTok ban harms the free expression of hundreds of millions of TikTok users in this country and around the world,” said Kate Ruane, a director at the Washington-based Center for Democracy & Technology, which has supported TikTok’s challenge to the federal law.

Content creators who opposed the law also worried about the effect on their business if TikTok shuts down. “I’m very, very concerned about what’s going to happen over the next couple weeks,” said Desiree Hill, owner of Crown’s Corner mechanic shop in Conyers, Georgia. “And very scared about the decrease that I’m going to have in reaching customers and worried I’m going to potentially lose my business in the next six months.”

At arguments, the justices were told by a lawyer for TikTok and ByteDance Ltd., the Chinese technology company that is its parent, how difficult it would be to consummate a deal, especially since Chinese law restricts the sale of the proprietary algorithm that has made the social media platform wildly successful.

The app allows users to watch hundreds of videos in about half an hour because some are only a few seconds long, according to a lawsuit filed last year by Kentucky complaining that TikTok is designed to be addictive and harms kids' mental health. Similar suits were filed by more than a dozen states. TikTok has called the claims inaccurate.

The dispute over TikTok's ties to China has come to embody the geopolitical competition between Washington and Beijing.

“ByteDance and its Chinese Communist masters had nine months to sell TikTok before the Sunday deadline,” Sen. Tom Cotton, R-Ark., wrote on X. “The very fact that Communist China refuses to permit its sale reveals exactly what TikTok is: a communist spy app. The Supreme Court correctly rejected TikTok’s lies and propaganda masquerading as legal arguments.”

The US has said it’s concerned about TikTok collecting vast swaths of user data, including sensitive information on viewing habits, that could fall into the hands of the Chinese government through coercion. Officials have also warned the algorithm that fuels what users see on the app is vulnerable to manipulation by Chinese authorities, who can use it to shape content on the platform in a way that’s difficult to detect.

TikTok points out the US has not presented evidence that China has attempted to manipulate content on its US platform or gather American user data through TikTok.

Bipartisan majorities in Congress passed legislation and Biden signed it into law in April. The law was the culmination of a yearslong saga in Washington over TikTok, which the government sees as a national security threat.

TikTok, which sued the government last year over the law, has long denied it could be used as a tool of Beijing. A three-judge panel made up of two Republican appointees and a Democratic appointee unanimously upheld the law in December, prompting TikTok’s quick appeal to the Supreme Court.

Without a sale to an approved buyer, the law bars app stores operated by Apple, Google and others from offering TikTok beginning on Sunday. Internet hosting services also will be prohibited from hosting TikTok.

ByteDance has said it won’t sell. But some investors have been eyeing it, including Trump’s former Treasury Secretary Steven Mnuchin and billionaire businessman Frank McCourt. McCourt’s Project Liberty initiative has said it and its unnamed partners have presented a proposal to ByteDance to acquire TikTok’s US assets. The consortium, which includes “Shark Tank” host Kevin O’Leary, did not disclose the financial terms of the offer.

McCourt, in a statement following the ruling, said his group was “ready to work with the company and President Trump to complete a deal.”

Prelogar told the justices last week that having the law take effect “might be just the jolt” ByteDance needs to reconsider its position.