The U.S. Supreme Court is currently deliberating a pivotal case that could lead to the banning of TikTok in the country. This judicial scrutiny arises from concerns over national security, given China's potential influence over the popular social media platform through its parent company, ByteDance. The court's discussions have centered on whether TikTok should be sold to a non-Chinese entity or face restricted access in the United States.
Justice Elena Kagan highlighted the general awareness regarding China's involvement by stating, "Everybody now knows that China is behind it," a comment that drew laughter from those present. The case has drawn significant attention, as TikTok boasts approximately 170 million users in the United States alone.
The crux of the legal battle lies in the law mandating ByteDance to either divest TikTok to a non-Chinese owner or limit the app's availability in the U.S. The U.S. government fears that the Chinese government's control over TikTok poses a severe threat to national security. US Solicitor General Elizabeth Prelogar emphasized, "The Chinese government’s control of TikTok poses a grave threat to national security."
The government argues that the People's Republic of China (PRC) compels companies like ByteDance to secretly hand over data and comply with PRC directives. Prelogar stated, "The PRC can be pulling the strings here," reinforcing the government's stance on the matter. Justice Samuel Alito added to the discourse, referencing "gathering an arsenal of information from US citizens."
TikTok's lawyer, Noel Francisco, addressed the potential consequences of a ban, noting that TikTok's disappearance could lead to its sale. He remarked, "I’m not sure I know of a time when the government has tried to shut down a speech platform." Francisco further explained, “The first is that the underlying source code takes a team of engineers to create and maintain. It would take us many years to reconstruct a brand new team of engineers to do that.”
Despite these security concerns, Prelogar suggested that TikTok could operate identically under new ownership and that the U.S. government would welcome such a transition. However, she also acknowledged that "foreign adversaries are not willing give up control," which complicates potential negotiations.
ByteDance has the option to sell TikTok to another business not based in China, but Beijing has indicated it would not approve such a sale. This resistance adds another layer of complexity to the situation. Among potential buyers is billionaire businessman Frank McCourt, who has expressed interest in acquiring the platform.
Justice Elena Kagan humorously pointed out a technological gap among justices by saying, “The justices are not necessarily the most technologically sophisticated people," and added, “The court hasn’t really ‘gotten to’ email.”
Amidst these legal proceedings, some users have begun posting TikTok videos instructing others on how to use virtual private networks (VPNs) to potentially circumvent any future bans. This reflects a proactive stance by users looking to maintain access despite looming restrictions.
Prelogar emphasized, "data security is different than content manipulation,” distinguishing between concerns over user data and potential content influence.
The discussion also touched on presidential power, with Prelogar asserting, “The president has enforcement discretion,” indicating that executive decisions could shape the app's future.