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TikTok announced Friday that unless President Joe Biden’s administration acts urgently to ensure the company will not be punished for violating the terms of the impending ban, the super-popular video by more than 170 million Americans will be canceled on Sunday. announced that it would block access to video apps.
Bipartisan legislation signed by Biden in April requires TikTok to sell to U.S. buyers by Sunday or face a ban in the United States. Earlier in the day, the Supreme Court upheld the controversial ban.
The Biden administration has said it will leave enforcement of the ban to President-elect Donald Trump, who takes office on Monday, and White House officials reiterated Friday night that the administration’s position on the issue is abundantly clear.
The official did not rule out further action before Sunday’s deadline, but the administration clearly signaled on Sunday that it would not penalize service providers like Google or Apple for hosting TikTok. said.
Still, TikTok said that’s not enough.
“The statement issued today by President Biden and the Department of Justice fails to provide the clarity and assurances needed by essential service providers to make TikTok available to more than 170 million Americans.” said in a statement Friday. evening. “Unfortunately, TikTok will be forced to cease service on January 19th unless the Biden administration immediately provides a final statement that satisfies our most critical service providers that guarantees non-enforcement.”
President Trump has indicated, although not explicitly stated, that the ban will not be enforced. He had asked the Supreme Court to keep the ban in place so the next administration could work out a deal to sell TikTok to an American buyer. But the Supreme Court upheld the ban, rejecting an appeal by app owners who argued that the law violated the First Amendment.
So TikTok will turn off its power on Sunday, but could turn it back on at a later date if President Trump gives assurances that it won’t be punished for violating the ban.
The company issued the warning Friday night due to concerns from service providers who would face steep fines for allowing access to the app if it was banned.
Some service creators — companies that would face steep fines for allowing access to TikTok if the ban goes into effect — said on Friday that they still feel vulnerable to TikTok, according to people familiar with the matter. He added that the service provider “doesn’t feel that way.” They are given sufficient assurance that they will not be held liable. ”
Of course, the Biden administration’s authority expires on Monday, but White House aides have made it clear that implementation of the bill is entirely up to the incoming administration.
Meanwhile, TikTok executives appear to be operating with extreme caution and maximum pressure to ensure the app’s long-term viability in the U.S., fearing legal and financial penalties.
Early Friday, the high court issued an unsigned opinion on the TikTok case, but there were no notable dissents.
The decision follows a warning from the Biden administration that the app poses a “grave” threat to national security due to its ties to China, and will be allowed to begin banning it from Sunday. However, many questions remain about how the ban would work in practice, as there is no precedent for the US government blocking a major social media platform. And it remains unclear how exactly the government will enforce it.
In its opinion, the Supreme Court acknowledged that for 170 million Americans, TikTok provides a “unique and pervasive outlet for expression, participation, and community.”
But the court said Congress focused on national security concerns, which were a determining factor in how it considered the case.
“Congress has determined that the divestment is necessary to address well-supported national security concerns regarding TikTok’s data collection practices and relationships with foreign adversaries,” the court wrote.
In a TikTok video responding to the decision, TikTok CEO Shou Chu indicated that the company will continue to work with President-elect Trump’s support to keep Americans using the app.
“We are committed to protecting the constitutional right to free speech for the more than 170 million Americans who use our platforms every day to connect, create, discover, and realize their dreams. We have been fighting for a long time,” Chu said. “On behalf of everyone at TikTok and our users across the country, I want to thank President Trump for his commitment to working with us to find a solution to keep TikTok available in the United States.”
“We are thrilled to have the support of a president who truly understands our platform and has used TikTok to express his thoughts and perspectives, connect with the world, and generate more than 60 billion views of his content. I’m grateful and happy to be able to do this,” he added. That process. ”
The verdict also puts a spotlight on Trump, who interviewed CNN’s Pamela Brown after the verdict.
“You’ll see what I do because ultimately it’s up to me,” Trump said.
Asked if he would try to overturn the pending ban, Trump said: “Congress gave me the decision, so I’m going to make the decision.”
President Trump also acknowledged that he had spoken with Chinese President Xi Jinping, saying they had a “great conversation on TikTok and many other topics.”
But the Biden administration, which ends in less than 72 hours, said it was time for President Trump to take over the baton of the ban.
“President Biden’s position on TikTok has been clear for months, ever since Congress sent the bill to the president’s desk in an overwhelmingly bipartisan fashion,” White House press secretary Karine Jean-Pierre said in a statement Friday morning. TikTok should remain available to American citizens, but only if it addresses U.S. ownership or other national security concerns identified by Congress when crafting this law. It is only under the ownership of
“Given the sheer facts of timing, the current administration recognizes that action to implement this law should be left to the next administration, which takes office on Monday,” she added.
Caught between the two administrations, companies and content creators involved in TikTok’s U.S. operations are seeking assurances that a ban on the popular app and any penalties will not come into effect immediately.
The law imposes fines of up to $5,000 for each affected user on companies that “distribute” or “update” apps, which could easily add up to hundreds of millions of dollars, or even billions. It could reach $. The law requires the Justice Department to investigate potential violations and seek enforcement.
“From what we’ve already heard, enforcement is up to the new administration, which already suggests that the new administration has no plans to enforce it,” said a representative of TikTok users in their challenge to the ban. Jeffrey Fisher, who served as the host, said on CNN. Lead with Jake Tapper. ”
“But given the nature of the law and how many people in the country are paying attention to this, we would like to provide additional clarification that there is a little bit of wiggle room for a new administration to come in and do a fresh review.” That’s all we’re asking for,” Fisher said. With this. ”
But a U.S. law enforcement official told CNN on Sunday that the current Biden administration is leaving it up to companies and their lawyers to interpret how to comply with the law. As a practical matter, the Justice Department does not intend to file a lawsuit during the holiday period leading up to Monday’s Martin Luther King Jr. Day, the law enforcement official added.
“Rest assured, we’re doing everything we can” to keep the popular app available, Chu told viewers in the video, adding: “There’s more to come.”
TikTok’s CEO will join CEOs from other major tech companies on stage at President Trump’s inauguration, perhaps a sign that the president-elect is serious about saving the app.
And now, some in Congress say it may take longer for TikTok to find a buyer, and President Trump may push to delay the ban.
The law gives the president the option to extend the ban for 90 days, but for the extension to be triggered, the parties working on the purchase must make significant progress, including a binding legal agreement for such a transaction. TikTok’s parent company ByteDance has officially updated its position that apps that don’t do this are not for sale.
Decisions focused on ‘extensive’ data collection and security concerns
The Supreme Court’s decision focuses on concerns about apps’ data collection.
The Biden administration had made two national security claims regarding TikTok. One was the concern that China could access users’ information as potential blackmail material. Another was that the company could manipulate content to favor the Chinese government’s arguments.
The Supreme Court, which often defers to the executive branch on matters of national security, was leaning heavily into the data collection debate.
TikTok “does not dispute that the government has an important and well-founded interest in preventing China from collecting the personal data of tens of millions of U.S. TikTok users,” the court said. “Neither could they. This platform collects extensive personal information from and about its users.”
The court noted the “inherent narrowness” of the ruling, given the specific concerns about TikTok and the Chinese government. The justices said the verdict could be different in another similar case.
“Data collection and analysis is commonplace in this digital age, but given TikTok’s size and vulnerability to foreign enemy control, as well as the vast amount of sensitive data the platform collects, it is difficult for governments to consider national security concerns. “Discriminatory treatment to address concerns is justified,” they wrote.
The decision also stated that the justices “recognize that the case before us involves new technology with innovative capabilities.”
Gorsuch and Sotomayor discuss level of scrutiny
Conservative Justice Neil Gorsuch wrote a concurrence letter outlining the differences in how he views the case from a legal perspective, but those ideas will remain pending until the court considers the case and makes a decision. He emphasized that it was born in a very limited time that could not have been achieved.
He said he had “serious reservations” about the level of scrutiny the court’s opinion would apply to the law, saying it would set a higher hurdle for the government to overcome to prove the law’s constitutionality. He expressed the belief that “rigorous scrutiny” may not have been appropriate. A better approach.
But even under that high bar, Gorsuch said the government met its burden.
“It’s one thing to talk to a foreign enemy, it’s another to support a foreign enemy. It’s another thing to allow a foreign adversary to spy on Americans,” he wrote.
Liberal Justice Sonia Sotomayor agreed with the court’s opinion and expressed opposition to the court’s decision to “assume without determining” that the law is related to the First Amendment. I wrote a separate letter.
She said the court’s litany of First Amendment cases is “no question true.”
This story has been updated with additional developments.
CNN’s Casey Gannon contributed to this report.
