Nine months have passed since President Joe Biden signed legislation that mandates ByteDance, TikTok‘s Chinese parent company, either sell the well-liked platform or risk being banned in the U.S.
Time is running out as the U.S. Supreme Court, due to hear oral arguments both in favor of and against the law on January 10th, appears poised to maintain the current legislation.
So, thumbs, scroll your last?
While the term “ban” implies that something is forbidden, it doesn’t mean TikTok will suddenly vanish from the phones of its 170 million American users at midnight on Jan. 19. The law is scheduled to take effect then, but the app may continue to be accessible, albeit potentially in a different form.
They’ll even be able to endlessly scroll as usual, for now.
Certainly, there will be differences as Congress took the issue seriously when they enacted a bipartisan law. Supporters of the ban argue that, given its current management, TikTok potentially endangers national security.
So, what could the potential TikTok ban imply for your preferred content creators and yourself, if it were to be implemented?
When does the TikTok ban go into effect?
If there’s no interference from the U.S. Supreme Court, the law that President Biden signed on April 24, 2024, called the Protecting Americans From Foreign Adversary Controlled Applications Act, will become effective this coming Sunday, January 19th.
The legislation grants ByteDance, TikTok’s parent company, a period of approximately nine months to secure an American-endorsed purchaser for the app; otherwise, the platform will face a ban in the U.S.
Additionally, Biden held the ability, but chose not to use it, to extend the deadline by 90 days if it seemed like a deal was nearly reached. Conversely, President-elect Donald Trump submitted an amicus brief to delay the deadline until after his inauguration on January 20, allowing his administration more time to work towards a “political resolution” with the U.S. Supreme Court.
2018 marked the debut of TikTok, which swiftly gained massive popularity during the COVID-19 pandemic. Despite expressing interest in banning it during his initial term as a means to show firmness against Chinese economic ventures, President Trump has since become less stringent on this matter over the past year. Notably, both his and Vice President Kamala Harris’ 2024 presidential campaigns have been actively creating content for TikTok.
Additionally, TikTok applied for a temporary restraining order in December, aiming to postpone the implementation of the ban so that it could be reviewed by more officials who are aligned with President Trump, hoping they would decide on its future.
The firm asserts that it is not acting on behalf of the Chinese government, and they contend that closing it down would infringe upon users’ right to freedom of expression protected by the First Amendment.
In March 2023, TikTok’s CEO, Shou Zi Chew, expressed during his Congressional testimony that the company aimed to collaborate with the United States in order to address and allay any potential security issues.
He stated that many of the risks highlighted seem more like theoretical possibilities rather than actual issues. However, we’ve taken seriously the significant apprehensions about foreign entities gaining access to American data and the potential for manipulation within TikTok’s U.S. platform. We’ve never treated these concerns as insignificant or trivial; instead, we’ve addressed them with tangible solutions.
Furthermore, Chew stated that when it comes to users’ personal data, “We strive for complete transparency with our users regarding what we gather. Frankly, I don’t think we collect any more information than the average player in this field.
Last May, Chew served as the honorary chair for the 2024 Met Gala, and Anna Wintour, editor-in-chief of Vogue, acknowledged the significant impact TikTok has made in the fashion industry. However, those who are critical of the app remained unconvinced.
On January 10, Supreme Court justices appeared to express doubt about the claim of free speech infringement and seemed more open to Congress’ reasoning that there is a risk of excessive Chinese government access to American personal data via TikTok, and that users could potentially be influenced by foreign forces through the platform’s algorithm.
During the session, Chief Justice John Roberts stated that the law isn’t demanding TikTok to cease operations, but rather it is suggesting that China should no longer have control over TikTok.
Once the ban takes effect, will TikTok stop working?
If the ban proceeds, it doesn’t necessarily imply that TikTok will cease functioning or disappear from your device without action. You may still access and use the app as long as it remains available in your region.
If you currently have the app installed on your phone, feel free to keep using it for uploading content. But starting from now, the app won’t be available for download in the U.S. through either Apple’s App Store or Google Play Store. This means that after Jan. 18, you won’t receive any updates such as security enhancements or bug fixes.
As ByteDance can no longer provide updates, the app may gradually become difficult to navigate, potentially becoming entirely unusable in a short period of time.
According to Joseph Lorenzo Hall, a technologist from the Internet Society, the apps could gradually become obsolete and deteriorate. This may happen as services cease to function, or due to concerns about content distribution networks or companies that are reluctant to take risks because of the unclear nature of the language or possible enforcement actions by the new administration.
Will it be illegal to use TikTok?
In a word, no.
According to Georgia Institute of Technology professor Milton Mueller, who submitted an argument against the ban to the Supreme Court, the law intentionally does not state that it’s unlawful to have the TikTok app on your phone. Instead, the strategy seems to be to prevent new downloads from Apple or Google stores and to disallow updates through those platforms. However, there is no provision in the law that explicitly commands TikTok to block U.S. users.
Are there ways around the TikTok ban?
Though TikTok is currently blocked in the U.S., it isn’t certain if using a VPN (Virtual Private Network) as a means to hide your connection location will be effective in the long run as a way to access TikTok.
Ahmed Ghappour, a law professor at Boston University, explained to NBC News roughly a month prior to the passing of the bill that the government might have the ability to either outlaw VPN usage or force VPN companies to maintain a list of sites they would prevent data traffic from flowing to.
In the interim, TikTok users who are crossing their fingers for this to pass should be warned against deleting their accounts and to preserve any work-in-progress content from their drafts within the app – just in case the app experiences technical issues or if the ban gets lifted.
As the deadline nears, there’s been a surge in the number of Lemon8 downloads, a platform reminiscent of Pinterest with features resembling Instagram and TikTok for sharing and algorithms. However, since both Lemon8 and TikTok are owned by the same entity (you can log into Lemon8 using your TikTok credentials), it might encounter the same issues, as the 2024 law threatens to ban any ByteDance subsidiaries operating in the U.S.
Similarly to REDNote and Neptune, other platforms are trying to capture a share of the popular short-video market. In the event of a TikTok ban, established giants such as Meta (owner of Facebook and Instagram), Alphabet (owner of YouTube), and Snap Inc. (commonly known as Snapchat) would likely see significant growth in their user base.
One objection to the ban is that it may significantly affect the income of content creators. However, many TikTok users also maintain profiles on other significant platforms such as YouTube and Instagram Reels, which could serve as alternative avenues for their content.
Still, regardless of the circumstance, lost income remains lost income. As indicated by a 2024 survey conducted by Influencer Marketing Hub, TikTok is the leading platform that businesses utilize for influencer marketing. If a ban were imposed on TikTok, creators collectively stand to lose an estimated $1.3 billion in the initial month.
Rita Colon, a personal shopper earning at least $3,000 monthly from TikTok, explained that this platform enables her to operate as an independent businesswoman.
1. “She mentioned that it gave her flexibility with time,” she said.
2. While she’s using other platforms, “Instagram enables you to go live, but just for an hour.”
Has anyone tried to buy TikTok?
Previously serving as Treasury Secretary under the first Trump administration, Steve Mnuchin endorsed the “sell-or-be-banned” bill last year. On CNBC in March, he expressed his admiration for TikTok as a successful business and stated his intention to gather a group of investors to acquire it.
Mnuchin stated, “It’s appropriate for American companies to possess this, and it’s highly unlikely that China would allow a US business to own an entity similar to this within their borders.
Previously at the helm of Activision Blizzard, Bobby Kotick had shown an inclination, as reported by the Wall Street Journal, towards seeking suitable collaborators.
Incidentally, ByteDance also said last spring that TikTok was not for sale.
Earlier this month, it was announced that Kevin O’Leary, known from Shark Tank, is part of a group led by ex-Dodgers owner Frank McCourt, who are planning to submit a proposal to acquire the platform without disclosing the purchase price.
In his January 6th post, O’Leary expressed that the focus is on strengthening creators and small businesses. Moreover, he emphasized the need to create a platform that values people over artificial intelligence. TikTok has a significant opportunity, not just as a creative outlet for content creators but also as a catalyst for impactful economic and social change.
McCourt stated later on, “We’re maintaining the platform without using the existing TikTok algorithm and thus avoiding a ban, allowing millions of Americans to keep enjoying it. We’re excited about collaborating with ByteDance, President-elect Trump, and the new administration to finalize this agreement.
In response to speculation that Chinese authorities are assisting Elon Musk, who acquired Twitter in 2022 and rebranded it as “X”, in a potential purchase of TikTok, the company has stated, “We cannot comment on baseless rumors or fictitious scenarios.
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2025-01-15 11:22