The U.S. Supreme Court has unanimously upheld a law that requires ByteDance, the Chinese company that owns TikTok, to sell the social network by January 19. If it fails to do so, the law requires the U.S. government to block downloads of the app from Apple and Google's digital stores in the country. However, users who already have the app will be able to continue using it, but without access to updates.
According to several international media, it is likely that Joe Biden's administration will not intervene in the implementation of the law before the end of his term, leaving the decision to the new President Donald Trump, who is scheduled to take office on January 20. Sources close to the presidency have indicated that Trump could sign an executive order to temporarily suspend the ban, but it is unclear whether this measure would be enough to block its implementation.
During his first term, Trump was a staunch opponent of TikTok, approving measures to ban it that were not implemented. The president-elect has recently appeared to take a softer stance, asking for a deadline extension to negotiate a solution with ByteDance and meeting with TikTok CEO Shou Chew, who is expected to attend the inauguration on January 20. Trump told CNN, “The final call will be mine, and you’ll see what I do,” but did not elaborate.
The “TikTok ban” law, passed with broad bipartisan support in April 2024, was challenged by ByteDance, which argued that the measure violates the First Amendment of the Constitution, which protects freedom of expression. However, the Court of Appeals in Washington rejected the appeal, saying that national security must prevail. ByteDance then took the case to the Supreme Court, which heard it under an expedited procedure.
The U.S. government has raised concerns about the Chinese government potentially using TikTok to influence public opinion or access user data. ByteDance has consistently denied sharing information with Chinese authorities, and the U.S. has not provided evidence to support those allegations. Many experts believe the concerns are more related to geopolitical tensions than technology issues.
ByteDance has so far been reluctant to openly announce its intention to sell TikTok, citing challenges related to the company's size and Chinese restrictions on exporting key technologies, such as its video recommendation algorithm, considered one of the most advanced in the world.
With 170 million users in the United States, TikTok is one of the country's most popular platforms, used for both entertainment and information. It is also a source of revenue for thousands of creators and merchants who use the app's digital storefront to promote products and services. The Supreme Court's decision could therefore have significant implications for the entire TikTok ecosystem in the United States.