With a TikTok ban seemingly imminent, TikTok users have spent the last few days fleeing to Chinese social media app “RedNote,” trying to learn Mandarin, and bidding heartfelt farewells to their “Chinese spy.” But it’s looking increasingly unlikely that TikTok will actually disappear on January 19.
Most Supreme Court watchers expect the court to uphold the law that requires ByteDance to sell TikTok’s US business or face a ban on January 19. But it seems there’s little appetite to actually enforce the law that was passed with overwhelming bipartisan support last year. Incoming President Donald Trump, who formally asked the Supreme Court to delay the ban, has said he wants to “save” the app.
Yesterday, The Washington Post reported that Trump was “considering” signing an executive order shortly after taking office on January 20, “that would suspend enforcement of the TikTok ban-or-sale law for 60 to 90 days.” Now, NBC News reports that unnamed “White House officials” are saying they don’t want TikTok to be banned on their watch, either.
“The administration has decided to defer implementation of the law banning TikTok in the U.S. to the incoming Trump administration, the officials said, effectively not enforcing it during the final 36 hours of President Joe Biden’s term in office.
“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,” a White House official said.
Where does that leave TikTok? I have no idea.
Under the law, Apple and Google are required to remove the app from their stores or face billions of dollars in penalties. That unnamed Biden Administration officials are now saying they won’t enforce it on their way out the door, doesn’t mean that the two, generally risk-adverse, companies would opt to ignore federal law. Particularly when the House Select Committee on the Strategic Competition Between the United States and the Chinese Communist Party sent letters to Google CEO Sundar Pichai and Apple CEO Tim Cook just one month ago pointedly reminding them of their obligation to comply with that same law.
Even if Apple and Google do remove the app from their stores, TikTok could still theoretically function for the millions of people who have already downloaded it. But, a report earlier this week in The Information indicated that TikTok planned to make the app inaccessible on Sunday if the Supreme Court upholds the law. Neither Apple, Google nor TikTok — all of whom are presumably waiting for the actual Supreme Court ruling — have responded to questions or publicly commented on any of these scenarios.
But the desire to disappear TikTok off Americans’ phones seems to be rapidly evaporating. Senator Ed Markey, who voted in favor of the Protecting Americans from Foreign Adversary Controlled Applications Act last year, introduced a bill this week that would extend the deadline for banning the app. In a statement, he said that the “ban was rushed through without sufficient consideration of the profound consequences it would have on the 170 million Americans who use the platform.” Senators Cory Booker and Ron Wyden, who also voted for the bill last April, joined him in calling for an extension, as did Representative Rho Khanna (who did not back the original bill).
Should TikTok get some kind of reprieve, there have been a number of options floated for keeping the app online in the US. These include finding an American buyer, reviving Project Texas or simply getting Trump to instruct DoJ officials to just ignore the law altogether.
If all that seems confusing, it’s because it is. Officials in both parties have spent months issuing dire warnings about the mostly theoretical national security threat posed by TikTok. But, now that a ban is seemingly just days away, no one wants to be blamed for being the ones to actually take it away.
This article originally appeared on Engadget at https://www.engadget.com/social-media/everyone-suddenly-has-cold-feet-about-banning-tiktok-232152569.html?src=rss
