TikTok swiftly resumed its services to American users after a brief, voluntary hiatus that barely lasted a day. On Sunday, the company announced it was in the midst of restoring access, following President-elect Donald Trump's pledge to halt the ban via executive order on his inaugural day. "We extend our gratitude to President Trump for providing the requisite clarity and reassurance to our service providers, ensuring they face no repercussions for catering to over 170 million Americans and empowering more than 7 million small businesses to flourish," TikTok stated. "This bold stance upholds the First Amendment and rejects arbitrary censorship. We are committed to collaborating with President Trump on a lasting solution that keeps TikTok thriving in the United States."
Just hours before a Sunday deadline, TikTok voluntarily ceased operations in the U.S., denying access to tens of millions of users. This came after the Supreme Court upheld a law this week that effectively banned the app due to concerns about its ties to China. Last year, Congress passed a law giving TikTok's China-based parent company, ByteDance, until January 19th to divest from TikTok or face exclusion from U.S. app stores and hosting services. TikTok challenged the law in court, asserting that a sale was impracticable, but the Supreme Court unanimously rejected its appeal on Friday.
On Sunday, Trump posted on social media his intent to revive TikTok, initially with the words "SAVE TIKTOK" and subsequently vowing to issue an executive order on Monday to delay the law's enforcement. He further assured that companies aiding in TikTok's continued operation before the order would incur no liability. "Americans deserve to witness our thrilling Inauguration on Monday, along with other pivotal events and dialogues," he wrote. "I envision the United States holding a 50% ownership stake in a joint venture. By doing so, we save TikTok, ensure it remains in trustworthy hands, and permit its enduring presence. Without U.S. approval, TikTok ceases to exist. With our blessing, it is valued in the hundreds of billions, potentially trillions, of dollars."
The Supreme Court's ruling deemed the divest-or-ban law as not infringing upon TikTok or its 170 million U.S. users' free speech rights, aligning with the government's stance that the platform could be a conduit for China to gather extensive sensitive information on Americans. While the Biden administration indicated that enforcement of the law would be left to the incoming Trump administration, TikTok voluntarily went offline shortly before Sunday's midnight deadline. U.S. users who attempted to open the app late Saturday night were greeted with a message stating, "Sorry, TikTok isn't available right now." The message continued, "A law banning TikTok has been enacted in the U.S. Regrettably, this implies you cannot use TikTok at present. Fortunately, President Trump has expressed his willingness to collaborate with us on a solution to reinstate TikTok upon taking office. Stay tuned!" The app was also unavailable on the Apple and Google Play stores.
Mike Waltz, Trump's incoming national security advisor, revealed on "Face the Nation with Margaret Brennan" on Sunday that the president-elect had spoken with Chinese President Xi Jinping and "agreed to work together on this issue." "We can have an app that safeguards Americans," Waltz asserted. "Let me assure you, I wouldn't want the FBI or the U.S. government monitoring every keystroke or seeing every password, nor would we desire the Chinese Communist Party to do so. However, we also desire an app that 170 million Americans evidently cherish and that played a pivotal role in disseminating our message during the Trump campaign."
TikTok had announced on Friday that it would be "forced into darkness" starting Sunday unless the Biden administration assured service providers that the law would not be enforced. The White House dismissed the appeal as a "stunt" and advised the company to raise its concerns with the Trump administration. "We see no justification for TikTok or other companies to take any action in the coming days before the Trump Administration assumes office on Monday," stated White House press secretary Karine Jean-Pierre.
Internationally, TikTok remained accessible on Sunday, with no indication to international users that it had been disabled in the U.S. Users could still view and interact with American accounts, and there was no overt official notice that U.S. users' access had been restricted.
Even if Trump chooses not to enforce the ban, the legislation would remain on the statutory books, hanging like a sword of Damocles over companies such as Apple and Google, with the potential for future penalties should they violate its terms. On Saturday, in an interview with NBC News, Trump revealed that he was contemplating an extension of the law's implementation deadline. "A 90-day extension is highly likely, as it is deemed appropriate," he stated during the phone conversation, adding, "If I opt for this course, I'll likely make an announcement on Monday." The law incorporates a clause that facilitates a brief extension in cases where a sale is already underway.
During Supreme Court proceedings on January 10th, Noel Francisco, TikTok's legal counsel, issued a stark warning: the platform faced imminent shutdown upon the law's enforcement. He explained that any attempt at divestiture would be "extraordinarily difficult" due to the Chinese government's opposition to the sale of TikTok's core algorithm, which personalizes video recommendations for each user. Francisco declared, "As I understand it, we go dark." He further noted that even if a sale were to exclude TikTok's algorithm, it would take "many years" for a new engineering team to recreate it, resulting in a "fundamentally transformed platform." Francisco emphasized that the law's prohibition on sharing user data with ByteDance would isolate American users from global content and vice versa.
This bipartisan law, slipped into a foreign aid package that breezed through Congress and was inked by President Biden in April of last year, drew swift opposition from TikTok and ByteDance the following month. They deemed it "an extraordinary and unconstitutional assertion of power" grounded in "speculative and analytically flawed fears regarding data security and content manipulation," which they argued would stifle the speech of millions of Americans. In a December ruling, a federal appeals court upheld the law, justifying the U.S. government's action as "solely aimed at safeguarding freedom from a foreign adversary and curtailing that adversary's capacity to amass data on Americans." The appeals court subsequently denied TikTok's request to postpone the law's enforcement pending Supreme Court review.
The Supreme Court acted with unprecedented swiftness in addressing the case following TikTok's urgent plea for a temporary reprieve from the justices. Within a week of hearing the arguments and mere days before the law's enforcement, the court rendered its verdict. The opinion stated, "For over 170 million Americans, TikTok serves as a unique and expansive platform for expression, engagement, and communal bonds. However, Congress has deemed divestiture imperative to address its well-founded national security concerns related to TikTok's data collection practices and its ties with a foreign adversary." The justices highlighted Congress's finding that Chinese law mandates companies to turn over data to the Chinese government.
"The government had justifiable grounds to single out TikTok," the court emphasized. Solicitor General Elizabeth Prelogar noted during the deliberations that Sunday would not mark "any permanent or irrevocable change." The law stipulates that restrictions on TikTok can be lifted in the event of a sale subsequent to the enforcement date. "Congress anticipated a standoff, with ByteDance perhaps claiming impossibility due to China's stance. Yet, under the force of these restrictions, I believe ByteDance's willingness to negotiate will fundamentally shift," Prelogar remarked.
TikTok CEO Shou Zi Chew, in a video statement after the Supreme Court's ruling, exuded confidence in the app's future under President Trump. He thanked the incoming president for his dedication to finding a resolution that would ensure TikTok's continued operation in the U.S. for years to come.
Trump, who attempted to ban TikTok during his first term due to national security fears, disclosed on Friday that he had discussed TikTok with Chinese President Xi Jinping. A Chinese summary of the call omitted any mention of TikTok as a topic of discussion.
Absent a sale or Congress reversing the law, TikTok's long-term future in the U.S. remains uncertain. If Trump or a future president chooses not to enforce the law, companies like Apple and Google could still face hefty fines down the line. Justice Sonia Sotomayor posed a pointed question to Prelogar, "On the 19th, if it doesn't shut down, it would constitute a violation of the law, correct?" Prelogar affirmed, "Yes." Sotomayor continued, "And regardless of the new president's actions, this reality remains unchanged for these companies," referring to the penalties faced by app stores and web hosting services. "Precisely," Prelogar responded, adding that a five-year statute of limitations applies.
