ICT Desk

TikTok is edging closer to a possible ban in the United States, raising questions about the platform’s future, reports AP.

On Friday, a federal appeals court upheld a law requiring TikTok to sever ties with its China-based parent company, ByteDance, or face a ban by mid-January. The U.S. Court of Appeals for the District of Columbia Circuit unanimously ruled that the law was constitutional, rejecting claims from TikTok and ByteDance that it violated their rights and those of U.S. users.

The government argues that TikTok poses national security risks due to ByteDance’s potential susceptibility to Chinese government influence. Although no public evidence of misuse has been provided, officials remain concerned about possible data access or information manipulation.

The law allows ByteDance to divest its stakes in TikTok. If that fails and TikTok is banned, it could significantly disrupt the lives of creators dependent on the platform for income and the broader user base who use it for entertainment and connection.
Key points from the ruling:

The appeals court, in an opinion by Judge Douglas Ginsburg, deemed the law carefully tailored to address foreign adversary control. It dismissed claims that the law constituted an unconstitutional bill of attainder, violated the Fifth Amendment, or infringed on the First Amendment since the government isn’t attempting to suppress or mandate content on TikTok.

Next steps:

TikTok and ByteDance plan to appeal to the Supreme Court. While the Court’s decision to take the case remains uncertain, the companies aim to secure an emergency stay to block the January 19 deadline. Legal experts anticipate prolonged proceedings.

Some creators remain optimistic. TikTok supporter Tiffany Cianci believes the platform has stronger chances at the Supreme Court, viewing the ruling as typical deference to the executive branch at lower court levels.

The Trump factor:

President-elect Donald Trump, who initially sought to ban TikTok during his first term, now opposes such a move. His Justice Department would be tasked with enforcing or potentially re-evaluating the law after his inauguration. Trump could seek alternative solutions, including facilitating an American acquisition of TikTok or urging Congress to repeal the law. However, any action would require bipartisan cooperation, which remains uncertain.

Prospective buyers:

While ByteDance has ruled out selling TikTok, potential buyers have shown interest despite challenges posed by Chinese export controls on the platform’s proprietary algorithm. Without the algorithm, a sale would leave the buyer with only a diluted version of the app. Notable figures like Steven Mnuchin and

Frank McCourt have expressed interest, with McCourt’s initiative reportedly gathering informal commitments exceeding $20 billion in capital.

As TikTok navigates its uncertain path, the stakes are high for creators, users, and stakeholders awaiting the Supreme Court’s next move.