What happens after the US Supreme Court allows TikTok to be banned

The law requiring TikTok to find a new non-Chinese owner so that it is not banned in the United States is scheduled to come into force on Sunday (19) – and so far there are no signs that the company is ready to make a sale before from that.

That means 170 million Americans could lose access to a platform they use to find entertainment, watch news and participate in communities, or even run a business on what is the first new platform in years to pose a real competitive threat to consumers. American social media mainstays like Instagram and YouTube.

The Supreme Court confirmed the law this Friday (17), which brings the ban even closer.

But although the ban deadline is now just two days away, there are still many unknowns about what exactly will happen.

Will TikTok close completely in the United States? This wasn’t what users or experts expected, but a report indicated that may be exactly the case.

Will President Joe Biden’s administration provide any direction? It doesn’t seem likely.

Will new President Donald Trump intervene? If the list of expected participants in his inauguration is any indication, he’s likely to try.

Here’s what we know — and what we don’t know — about ban deadline day.

Will my app go away?

Experts expected the app to be removed from Apple and Google’s app stores on Sunday – which, by law, can face fines for continuing to host TikTok after the deadline. This would mean that anyone without the app on their phone would no longer be able to download it, but existing users would be able to continue accessing it, without security updates, until it eventually becomes glitchy or stops working.

A Biden administration official told CNN on Thursday (16), however, that the Democrat plans to leave enforcement of the ban in Trump’s hands.

“Our position on this has been clear: TikTok must continue to operate under American ownership. Given the moment it comes into force on a long weekend the day before the inauguration, it will be up to the next government to implement it”, declared the source.

This could mean that as Trump takes office the day after the ban goes into effect, there would be no one to explicitly instruct app stores to deplatform on Sunday, potentially leaving them to decide for themselves whether to comply.

But even if the app stores leave TikTok alone, the company could decide to pull the plug on its own. The Information reported on Wednesday that TikTok was preparing to close completely on Sunday and instead direct users to an informational page about the ban.

Therefore, users must mentally and emotionally prepare themselves for a possible loss of access to the app from Sunday, unless they want to download a VPN to bypass the ban.

Why TikTok was banned

The central allegation against TikTok is that the company poses a potential national security risk. U.S. officials are concerned that the Chinese government could pressure TikTok or its parent company, ByteDance, to hand over its U.S. users’ personal information, which could be used for Chinese intelligence operations or the spread of Chinese-backed disinformation.

There is still no evidence that this actually happened. Still, policymakers and security experts said China’s national security laws make it a possibility — identifying a core of risk that fits into a broader anti-China narrative tied to issues like trade, human rights and authoritarianism. . Those concerns were renewed after a report this year suggested that US user data was repeatedly accessed by employees based in China. TikTok disputed the report.

President Joe Biden signed a bill in April that requires the platform to be sold to a new non-Chinese owner or be banned in the United States.

What will Trump do?

Although the idea of ​​a TikTok ban was born during Trump’s first presidency, he has made a 180-degree turn and said he wants to save the app.

The complicating factor: The ban is set to take effect the day before Trump takes office.

Trump asked the Supreme Court to temporarily pause implementation of the ban to give him time, as president, to negotiate the sale of TikTok. And sources familiar with their plans told CNN on Wednesday (15) that he was evaluating whether to delay the ban and preserve Americans’ access to the platform while he works on a deal.

TikTok CEO Shou Chew is expected to sit on stage alongside other top tech CEOs at Trump’s inauguration — perhaps a sign of how determined the new president is to save the app.

And with some in Congress now suggesting that TikTok may need more time to find a buyer, Trump may find support for trying to delay the ban until a later date. The law gives the president the option to extend the ban for 90 days, but triggering the extension requires evidence that the parties working on the purchase have made significant progress, including binding legal agreements for such a deal — and TikTok’s parent company, ByteDance , has not publicly updated its position that the app is not for sale.

Is the sale still possible?

Even if the TikTok ban goes into effect, selling the app to a non-Chinese owner could restore access for US users.

A group formed by billionaire businessman and former Los Angeles Dodgers owner Frank McCourt and including famed “Shark Tank” investor Kevin O’Leary made a formal offer to buy TikTok from China-based ByteDance earlier this month. The group wants to buy TikTok’s U.S. assets, albeit without the app’s beloved algorithm — which China has indicated it will not allow to be sold — and rebuild the platform with what they say will be a more transparent feed with more user control about your data.

Chinese officials have also reportedly discussed the possibility of selling TikTok to X owner Elon Musk, whom they may consider the friendliest American owner possible. Musk and ByteDance have not commented on the reports; TikTok called them “pure fiction.”

McCourt told CNN on Thursday that while ByteDance bankers confirmed receipt of his group’s offer, he expected the company to be “waiting to hear what the Supreme Court does” before seriously engaging in any acquisition talks. “But they didn’t tell us to fly a kite,” he said, adding that after the court’s ruling, “I hope we can have a solid conversation.”

However, even if TikTok is sold and Americans can continue to use it, it will, in many ways, be a different app. Because China will almost certainly block the sale of the algorithm along with TikTok’s American assets, the app’s “For You” feed will have to be rebuilt by the new owner — which won’t be an easy task. Many tech giants have already spent years trying to replicate TikTok’s algorithm without much success.

The creation of an American version of TikTok could also mean that the rest of the world will have to download a new app to access US users’ content.

The bottom line is that by Sunday — and likely extending into at least next week — there may be more questions than answers for TikTok users about the app’s future.

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This content was originally published in What happens after the US Supreme Court allows the ban of TikTok on the CNN Brasil website.

Source: CNN Brasil

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