The web-based social networking app, TikTok, is on the verge of being banned in the United States as early as January 19, as the justices seem to have aired their concerns over the security risks emanating from how TikTok collects data and its parent company, ByteDance, which has implicit ties with China. According to Bloomberg, the arguments did not go in favor of TikTok, indicating that the court may uphold the controversial “sell or ban” law.
Supreme Court highlights national security concerns
During the hearing, the majority of the justices seemed to favor the arguments of the US government that this app seriously compromises national security. Justice Elena Kagan dismissed the app’s claim about the violation of its constitutional rights. She added that the law specifically targets a foreign corporation lacking First Amendment protection.
Chief Justice John Roberts voiced his concerns as well, warning about the potential for a foreign adversary to gather data on nearly 170 million U.S. TikTok users. He also raised questions about ByteDance’s relationship with the Chinese government and asked TikTok’s legal team: “Are we supposed to ignore the fact that the ultimate parent is in fact subject to doing intelligence work for the Chinese government?”.
Implications of the ban and TikTok’s future in the U.S.
In the event that the court upholds the law, U.S. app stores would be barred from offering TikTok starting January 19. Existing users could continue using the app temporarily, but it would eventually stop working as updates and maintenance would cease.
The ruling, however, gives ByteDance a possible lifeline in selling TikTok to an approved U.S. company. Although a sale would allow TikTok to continue operating in the country, ByteDance has maintained that this is not possible. The company insists that its proprietary algorithm and technology are not separable from TikTok and has raised questions about whether China would allow the divestiture.
A precedent-setting case
More fundamentally, the TikTok case presents some broader implications relating to national security and free speech in the modern digital context. Critics are raising concerns that ban on such media platforms can present a very scary precedent regarding curbing the freedoms of citizens depending on a network’s country origins. In stark contrast, other proponents claim these risks presented with data collection coupled with manipulation will outweigh all stated concerns.
While TikTok has asked the court to delay the implementation of the law so that the appeals process can take place, the Supreme Court decided to take up the case in advance. The court may reach a ruling before January 19, but it can also delay the law’s implementation date to allow more time for deliberation.
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The clock is ticking
By January 19, the future of TikTok in the United States is still far from clear. The Supreme Court’s decision will likely result in the first federal ban of a large social media service, effectively changing the digital lives of millions of American users. The ruling, whether it results in an actual sale or an outright ban, will resonate long after this case concludes, shaping debates about national security, technology, and free expression in the United States for years to come.