Trump and TikTok: a contested ban
For years, TikTok has been at the heart of American political debates, notably for its links with ByteDance, a Chinese company. A federal law adopted last April requires the group to sell TikTok to a non-Chinese entity by January 2025, failing which the application could be banned from the United States. Under the guise of national security, this legislation aims to prevent possible interference by the Chinese government in the data of American users. Except that Donald Trump, freshly elected for a second term, has promised to “save” the application, which raises some questions about the means at his disposal to block the ban.
Growing influence on the political scene
Trump's re-election has boosted TikTok's hopes for a favorable outcome for its cause. The president-elect, who integrated TikTok into his campaign strategy, believes that banning this application could restrict Americans' freedom of choicewhile American companies such as Apple and Google would be forced to remove the application from their platforms under penalty of fines. Internally, Trump could choose not to strictly enforce the law or encourage Congress to change it, but he faces strong opposition within the political class, even among some Republican allies.
Legal options and uncertainties for TikTok
To push back the ban, ByteDance took legal action, challenging the constitutionality of this law. A federal court is expected to rule in December, but the case could end up before the Supreme Courtwhich could extend deadlines. Trump could also play on a part of the law allowing a 90-day extension if “significant progress” towards the sale is noted. But in the event of failure, it would remain possible that Trump would ask his future attorney general to moderate the application of sanctions against the platforms hosting TikTok.
An uncertain future for TikTok in the United States
Uncertainty around TikTok continues to grow, and experts believe the Trump administration may seek a compromise with ByteDance. Some argue that Trump could use his influence to negotiate a deal that would make US data more secure without forcing an all-out sale. But let's be clear, ByteDance seems reluctant to part with its algorithm, a central element of its success, which would make a sale compliant with the requirements of the law complex. In this context, the future of TikTok in the United States will depend on the balance between national security interests and those of the Trump administration.
