A US law banning the popular video-sharing app TikTok is set to go into effect at the beginning of 2025. The US Supreme Court has agreed to hear TikTok’s legal challenge regarding this law, adding uncertainty to its future. Additionally, President-elect Donald Trump has suggested he may take action against the law, which raises new questions about its viability.
Understanding the TikTok Ban
The “Protecting Americans from Foreign Adversary Controlled Applications Act” will take effect on January 19, 2025. This law would prevent US companies, including Google and Apple, from allowing users to access or update TikTok through their app stores unless ByteDance, TikTok’s Chinese parent company, sells the app to a US entity. Furthermore, internet service providers would be mandated to block TikTok from US web browsers. This law received bipartisan approval from both the House of Representatives and Senate and was signed by President Joe Biden in April 2024.
If enacted, new users in the US would find it nearly impossible to download the TikTok app, according to experts. Existing users are likely to retain the app; however, without updates, its functionality would deteriorate over time.
Users may still attempt to access TikTok via virtual private networks (VPNs), but this could lead to slower loading times and a subpar user experience, as TikTok’s content would no longer reside on US servers.
Concerns surrounding privacy and security have prompted these restrictions, with lawmakers labeling TikTok as a “national security threat,” citing potential data access by the Chinese government. However, substantial evidence supporting these claims has yet to be provided. TikTok asserts that it has invested significantly in ensuring the security of US user data.
Experts have expressed concerns over the implications of such a ban in a nation that has historically championed an open internet. The potential ban represents an extraordinary measure in restricting access to a platform.
The Supreme Court’s Role
While lower courts previously upheld the law, the Supreme Court’s decision to hear TikTok’s appeal introduces a new layer of complexity. TikTok argues that the ban constitutes censorship that infringes on First Amendment rights. Observers hope that the Supreme Court will thoroughly evaluate how this law affects free speech and the rights of social media users.
In the short term, it’s possible that the Supreme Court could suspend the implementation of the law while considering the case, thus delaying any effects for an extended period. If the Court determines that the ban violates free speech rights, it could issue an injunction that would prevent the government from enforcing such a sweeping restriction.
The Potential Impact of Trump’s Administration
During his previous term, President-elect Trump supported the idea of banning TikTok, but his stance has evolved. He recently expressed a desire to “save TikTok” during his campaign, suggesting he would reconsider the ban. If the Supreme Court permits the law to stand, Trump could still potentially influence its enforcement.
He might urge Congress to repeal or amend the law, or instruct his Attorney General not to enforce it, although such actions would diverge from traditional governance practices. Even with non-enforcement, companies like Google and Apple may still hesitate to facilitate access to a banned app, reflecting concerns over legal liability.
Global Implications of a US TikTok Ban
If enforced, the US TikTok ban could cause significant repercussions globally, limiting the availability of new content from US creators and potentially encouraging other countries to impose similar restrictions. While India has already blocked TikTok since 2020, a US ban could embolden authoritarian regimes to justify restrictions on various apps, leveraging national security concerns.
Privacy Concerns and Alternatives
The stated intention behind the ban is to safeguard the privacy of US TikTok users and prevent the potential manipulation of content by the Chinese government. However, experts highlight that there are alternative measures lawmakers could consider before resorting to a complete ban. Increased transparency from TikTok regarding data collection and privacy protections, alongside a consumer privacy law, could provide more balanced solutions without shutting down access to the platform.
