TikTok Says It Will Go Dark on Sunday Unless Biden Gives Definite Assurances

The U.S. Supreme Court ruled earlier on Friday to uphold a ban on the social media platform from app stores effective Jan. 19.

TikTok said it would be “forced to go dark” on Sunday if the Biden administration does not give a definitive statement assuring non-enforcement of a law requiring the company to divest or face a nationwide ban.

“The statements issued today by both the Biden White House and the Department of Justice have failed to provide the necessary clarity and assurance to the service providers that are integral to maintaining TikTok’s availability to over 170 million Americans,” the company said in a statement on Jan. 17.

“Unless the Biden Administration immediately provides a definitive statement to satisfy the most critical service providers assuring non-enforcement, unfortunately TikTok will be forced to go dark on January 19,” it added.

The U.S. Supreme Court ruled earlier on Friday to uphold a ban on the video-sharing app from app stores unless TikTok’s China-based owner ByteDance divests its U.S. assets by Sunday. President Joe Biden signed the law in April 2024.

In a 27-page opinion, the court acknowledged that TikTok offers “a distinctive and expansive outlet for expression, means of engagement, and source of community” for millions of U.S. users.

The court also stated that Congress had determined divestment was necessary to address “well-supported national security concerns” regarding TikTok’s data collection practices and ties to “a foreign adversary.”

The Department of Justice (DOJ) supported the court’s decision. Deputy Attorney General Lisa Monaco said the next phase of implementing the legislation, once it takes effect on Jan. 19, will be a “process that plays out over time.”

“The Court’s ruling also underscores that the bipartisan legislation upheld today is focused on protecting Americans, not restricting free speech,” Monaco said in a statement.

“Rather, this legislation is about breaking the ties that bind TikTok to the government in Beijing, in a manner consistent with the Constitution.”

U.S. Attorney General Merrick Garland said the ruling would allow the DOJ to prevent the Chinese regime from “weaponizing” TikTok to undermine the national security of the United States.

The White House on Friday said that the Supreme Court’s decision to uphold a ban on TikTok will ultimately fall under Trump’s administration.

“The Administration, like the rest of the country, has awaited the decision just made by the U.S. Supreme Court on the TikTok matter,” White House press secretary Karine Jean-Pierre said in a statement on Friday in response to the order. “Given the sheer fact of timing, this Administration recognizes that actions to implement the law simply must fall to the next Administration, which takes office on Monday.”

President-elect Donald Trump said after the ruling that he would decide whether to maintain the TikTok ban after his inauguration on Jan. 20.

“The Supreme Court decision was expected, and everyone must respect it. My decision on TikTok will be made in the not too distant future, but I must have time to review the situation,” Trump stated on Truth Social.

In a video message, TikTok CEO Show Chew thanked the president-elect for his commitment to work with the company “to find a solution that keeps TikTok available in the United States.”

In a brief filed to the federal appeals court in July 2024, the DOJ raised concerns over the national security threat posed by TikTok, noting that the app collects “vast swaths” of sensitive data from its 170 million U.S. users. The DOJ argued that the ruling Chinese Communist Party (CCP) could potentially use its robust authority to gain access to U.S. consumer data and the algorithm owned by ByteDance. TikTok has maintained that it has not and will not share U.S. user data with the CCP.

Meanwhile, Sens. Edward Markey (D-Mass.), Ron Wyden (D-Ore.), Cory Booker (D-NJ), and Rep. Ro Khanna (D-Calif.) introduced legislation on Jan. 14 seeking to extend the Jan. 19 deadline by an additional 270 days. Markey said that the ban was “was rushed through without sufficient consideration of the profound consequences it would have” on users and that the bill would allow Congress more time to assess the implications of banning the app.

“The TikTok ban was rushed through without sufficient consideration of the profound consequences it would have on the 170 million Americans who use the platform,” he said in a statement.

Jack Phillips contributed to this report.

 

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