One week before the ban: essential to know

Supreme Court listens to arguments over TikTok as ban looms

The Supreme Court considered arguments regarding TikTok before a ban took effect on January 19.

The U.S. Supreme Court heard arguments for two and a half hours last Friday regarding the possibility of banning TikTok in the country, less than a week before the deadline. Ultimately, the judges appeared willing to allow the U.S. government to force TikTok’s Chinese parent company to sell the app or cease operations.

Last spring, President Joe Biden signed legislation requiring ByteDance, TikTok’s parent company, to divest the popular social media platform or face a ban on national security grounds. The social media giant wishes to delay the implementation of this law, scheduled for January 19, which it considers contrary to the First Amendment of the American Constitution guaranteeing the protection of freedom of expression.

If the ban takes effect on Sunday, Apple and Google will no longer be able to offer TikTok for download to new users, although those already in possession of the app will still be able to access it. The US government and TikTok agree that the app will lose quality and become unusable over time because the companies will not be able to provide support services.

President-elect Donald Trump is expected to be sworn in on January 20, a day after the ban is potentially put into effect. In late December, Trump urged the Court to suspend the January 19 deadline to give his incoming administration “the opportunity to seek a political resolution to the issues at stake in the case.”

What will the Supreme Court decide?

If the Court upholds the legislation, ByteDance will have until Sunday to divest the American operation of TikTok.

During Friday’s hearing, Justice Samuel Alito asked whether the Court could delay enforcement of the law or suspend it administratively.

U.S. Attorney General Elizabeth Prelogar, arguing for the Biden administration in defense of the law, advised against any temporary suspension unless TikTok was likely to win based on its First Amendment argument. Regarding an administrative stay, Prelogar said she would trust judges to decide whether they have enough time to rule on the case.

When will the Supreme Court make its decision?

The Court could issue its decision at any time, and it does not need to be published on a specific date.

How Would Banning TikTok Affect Users?

If ByteDance does not sell TikTok by January 19, the platform will be banned in the United States. This will mean that it will be illegal for US internet hosts and app stores to distribute TikTok.

TikTok users who have already downloaded the app on their mobile devices will still have access to it, but they will not be able to update the app, which may become unusable over time. The TikTok website will be inaccessible via US-based internet hosting services.

Will there be a way around the TikTok ban?

Exactly how the ban would be implemented remains unclear, but some content creators are using the time remaining before January 19 to educate users about virtual private networks (VPNs), allowing them to hide their location. In theory, if a user connects a VPN to simulate a connection outside the United States, they could still access TikTok.

However, certain situations could prevent VPNs from working properly. Dan York, senior advisor at the Internet Society, said popular VPNs may be blocked and a connection location outside the United States may not work. Additionally, using a VPN could result in slower or unreliable connections.

York also advises users to exercise caution before using VPNs, as some malicious companies might try to take advantage of first-time users.

Are there any potential buyers?

Yes. Project Liberty, an organization led by billionaire Frank McCourt, announced last week that it had made a formal offer to ByteDance to acquire TikTok’s assets in the United States. Tomicah Tillemann, president of Project Liberty, said the organization would not disclose the bid amount.

McCourt, former owner of the Los Angeles Dodgers, said last month that Project Liberty had secured verbal commitments amounting to as much as $20 billion for the purchase. Investor and “Shark Tank” host Kevin O’Leary announced last week that he had joined Project Liberty on the purchase plan.

If Project Liberty were to succeed in purchasing TikTok, it would only involve U.S. assets, not including the algorithm that China considers its intellectual property.