As the clock ticks down to the looming TikTok ban in the United States, the fate of the wildly popular video app hangs in the balance. With less than four days left before the app is set to be shuttered, President-elect Donald Trump is reportedly considering a plan that could delay the ban, buying time for a potential deal with a US buyer. This development comes as a glimmer of hope for TikTok's 170 million American users, who have been left in limbo as the legal battle over the app's future rages on.
The potential executive order, first reported by The Washington Post, aims to allow TikTok users to continue enjoying the app for a specified period while the administration explores potential buyers. Trump, who previously supported a TikTok ban during his presidency, has recently softened his stance, expressing a desire to "save TikTok." In June, he even posted a TikTok video stating his intention to keep the app alive. Last month, he took the unusual step of asking the Supreme Court to stay the law, giving his incoming administration the opportunity to negotiate a deal that would keep TikTok accessible to Americans.
However, as the deadline approaches, Trump has remained relatively silent on the matter, leaving many to wonder if he will ultimately decline to act. The ban is scheduled to take effect on Sunday, pending a Supreme Court decision that is expected imminently. America's highest court appears poised to uphold the law that bans TikTok, dealing a blow to the app's chances of survival.
The situation is further complicated by the fact that the ban would occur a day before Trump takes office. An executive order on January 20 would be too late to save TikTok, as the app would already be banned by that point. This leaves the door open for President Joe Biden to take action, although it seems unlikely that he would be able to do so, even if he wished to delay the ban. Some lawmakers, including Massachusetts Democratic Sen. Ed Markey and Kentucky Republican Sen. Rand Paul, have urged Biden to exercise an extension under the Protecting Americans’ Data from Foreign Adversaries Act. However, triggering this extension requires Biden to demonstrate significant progress in purchasing TikTok, including binding legal agreements, which seem improbable given ByteDance's firm stance that the company is not for sale.
TikTok and its China-based owner, ByteDance, have been fighting the ban for years, but recent reports suggest that the app is preparing to shut itself down entirely on Sunday. Users will be given the option to collect their data while access to videos is restricted. Despite this, the app's future is not entirely bleak. If TikTok does shut down on Sunday, it could still sell itself to an American buyer in the future, potentially restoring access for US users. Alternatively, TikTok could choose to do nothing on Sunday, hoping that Trump's potential executive order would allow it to remain online.
The law does not explicitly require TikTok to take any action; it is the US-based companies that support TikTok that would need to comply. Therefore, on Sunday, there is a real possibility that users may not notice much of a change. Apple and Google may remove the app from their stores, but those who have already downloaded it could continue to use it if TikTok takes no action. The enforcement of the new law would fall to the US Justice Department, which would have the discretion to enforce the law or not. If Trump's executive order indicates that his administration will not enforce the ban, TikTok may bet that the companies hosting and supporting its content will be willing to break the letter of the law, understanding that they will not be punished.
However, this is likely not a long-term viable option. New users or those needing to reinstall the app would be unable to access it, and companies like Oracle that host TikTok's content in the US would be forced to stop serving it, degrading service quality. This makes a sale the most probable path for TikTok to remain available to American users.
ByteDance has long maintained that it has no intention of selling, valuing its secret algorithm that keeps users hooked. Spinning off an American-only version of TikTok could also complicate global access, requiring the rest of the world to download a new app to view US users' content. Yet, recent reports suggest that China is considering a sale—to none other than Elon Musk. Musk, a major Trump supporter and soon to be quasi-government figure, may have the resources to acquire the app. Other candidates, including "Shark Tank's" Kevin O’Leary and former Los Angeles Dodgers owner Frank McCourt, have also made offers for TikTok. O’Leary and McCourt's bid, valuing the app at around $20 billion, is partly crowdfunded but does not include the acquisition of the app's algorithm, which is both the key to its success and the primary security concern for US officials.
O’Leary met with Trump at Mar-a-Lago last week to discuss the app's future. If ByteDance engages with these offers, Trump could argue that significant progress has been made on a deal and delay the ban. A Trump executive order would not be the final solution for TikTok but could keep the app online for a little while longer.
In conclusion, the future of TikTok in the United States remains uncertain as the deadline for the ban approaches. While Trump's potential executive order offers a glimmer of hope, the path to keeping TikTok alive is fraught with challenges and uncertainties. The coming days will be crucial in determining whether TikTok will continue to be a part of the American digital landscape or fade into the annals of social media history.
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