The United States Supreme Court has ruled to uphold the controversial TikTok ban, a decision that requires China-based ByteDance to divest its ownership of the popular social video app by Sunday or face an effective ban in the U.S. This ruling aligns with the Protecting Americans from Foreign Adversary Controlled Applications Act, signed into law by President Joe Biden in April. The court's unanimous decision supports the Biden administration's stance on national security concerns related to TikTok's data collection practices.
TikTok's lead lawyer, Noel Francisco, argued before the court that the law violates the First Amendment rights of the app's 170 million American users. He contended that TikTok offers a unique platform for expression and community engagement. However, the Supreme Court expressed in its opinion that while data collection is common in the digital age, "the sheer size of TikTok and its susceptibility to foreign adversary control, together with the vast swaths of sensitive data the platform collects," poses a significant national security concern.
"There is no doubt that, for more than 170 million Americans, TikTok offers a distinctive and expansive outlet for expression, means of engagement, and source of community," – Supreme Court
"But Congress has determined that divestiture is necessary to address its well-supported national security concerns regarding TikTok's data collection practices and relationship with a foreign adversary." – Supreme Court
The Chinese government is considering a contingency plan to prevent TikTok's U.S. operations from halting, which includes the possibility of Elon Musk acquiring TikTok's U.S. operations. ByteDance, however, has so far refused to sell TikTok, leaving millions of U.S. users potentially unable to access the app by this weekend.
The law also mandates third-party internet service providers such as Apple and Google to penalize ByteDance-owned TikTok after the January 19 deadline. With this decision, TikTok's fate in the U.S. now lies with President-elect Donald Trump, who requested the Supreme Court to pause the law's implementation.
Kate Ruane, director of the Center for Democracy and Technology non-profit, criticized the court's ruling, highlighting its potential impact on free expression and innovation. She emphasized that individuals use TikTok to share information and promote their businesses, activities protected under the First Amendment.
"Individuals use the app to create, to share information, to get their news, to comment on current issues and promote their businesses – that's precisely the kind of expression the First Amendment is intended to protect," – Ruane
"harms the free expression of hundreds of millions of TikTok users in this country and around the world." – Kate Ruane
In anticipation of a potential ban, many TikTok users are actively seeking alternatives. RedNote, a TikTok-lookalike application, ascended to the top of Apple's app store on Monday. Simultaneously, Instagram leaders have scheduled meetings to prepare their platform for an influx of new users if TikTok becomes inaccessible in the U.S.
The ruling has also prompted reactions from various stakeholders. The Supreme Court heard oral arguments last Friday from lawyers representing TikTok, content creators, and the U.S. government. In its decision, it reiterated that while data collection is indeed a norm in today's digital landscape, TikTok's overwhelming reach and data collection capabilities raise alarms about foreign influence.
"data collection and analysis is a common practice in this digital age," – Supreme Court
"TikTok should remain available to Americans, but simply under American ownership or other ownership that addresses the national security concerns identified by Congress in developing this law." – Karine Jean-Pierre
ByteDance's refusal to divest its ownership of TikTok has intensified discussions around national security and digital privacy. The Chinese government's potential strategies include negotiating a deal that might involve tech entrepreneur Elon Musk taking over TikTok's U.S. operations.