The US Congress in April passed a law requiring ByteDance, the Chinese owner of TikTok, to sell the popular app by Jan. 19, 2025, or face a ban on entry into the United States. The decision, based on allegations of national security threats, also includes apps controlled by “foreign adversaries” such as Russia, China, Iran and North Korea, opening the way for a broader legal reach.
TikTok, along with a group of content creators, is challenging the law in court, arguing that it violates the right to free speech guaranteed by the First Amendment. The case is being heard directly by the Court of Appeals for the District of Columbia, which recently upheld the law, justifying it as necessary to protect national security.
The Supreme Court agreed to hear arguments on January 10, just nine days before the deadline for the app to be sold. The court’s decision could determine TikTok’s fate in the United States and affect how authorities balance national security concerns with citizens’ constitutional rights.
What’s next for TikTok and its users?
If the law remains in effect, TikTok will have to sell its U.S. operations or cease operations in the United States. While the law allows for a 90-day extension, the sale is a complex process. The question is exactly what is being sold—algorithms, data, or brand—and whether U.S. authorities will approve the proposed terms of the sale.
President-elect Donald Trump, who has vowed to “save TikTok,” could formally extend the deadline or not impose sanctions, but the law obliges him to keep TikTok on the same terms. The final decision is up to Congress, which would have to repeal the law to completely lift the ban.
The law prohibits “distribution, maintenance, or updating” of the app, meaning that platforms like Apple’s App Store and Google Play would have to remove TikTok from their stores. Existing users could continue to use the app for a while, but without updates, which would gradually degrade the app’s functionality.
Many users may try to circumvent the ban by using VPN services to access TikTok as if they were in a country where it is not banned. However, such attempts will not solve the underlying challenges with functional and security updates.
Regardless of TikTok’s fate, the law sets a precedent for future government interventions in the digital space. The question of app control and free markets in the app industry could have long-term implications for free speech, privacy, and regulation of the tech sector.
TikTok users in the United States, faced with uncertainty, may continue to use the app while they can, but the future of the platform – and its impact on global digital culture – remains in the hands of American courts and political leaders, TheDispatch writes.
