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CliQ INDIA > International > Future of TikTok uncertain in the US as ban deadline approaches and legal battle escalates | CliqExplainer
International

Future of TikTok uncertain in the US as ban deadline approaches and legal battle escalates | CliqExplainer

TikTok, the popular short-video app used by millions of Americans, is facing a potential shutdown in the United States.

cliQ India
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Highlights
  • TikTok faces potential shutdown due to security concerns.
  • Legal and political actions aim to delay or prevent ban.

TikTok, the popular short-video app used by millions of Americans, is facing a potential shutdown in the United States. As the deadline for the platform’s Chinese owner, ByteDance, to either divest or cease operations nears, the future of the app in the country remains uncertain. The deadline, set for Sunday, marks a critical point in a long-running battle between US authorities and TikTok, with the app’s fate now hanging in the balance. This latest development comes after US President Joe Biden signed the Protecting Americans from Foreign Adversary Controlled Applications Act (PAFACA) into law in April, which gives ByteDance the ultimatum to divest from TikTok or face a ban.

As the Sunday deadline approaches, US officials have signaled that a reprieve for TikTok could still be in the works, suggesting that the app’s widespread popularity—used by 170 million Americans—could prevent an immediate shutdown. Additionally, a legal case is currently being heard before the US Supreme Court, where TikTok is challenging the ban on the grounds that it infringes upon free speech rights.

If the ban goes ahead, it would have a massive impact on the millions of users who rely on the app for entertainment, content creation, and social connection. More than just the loss of an app, TikTok’s potential ban could serve as a crucial precedent for how the US government deals with other apps owned by China and foreign adversaries. In addition to TikTok, other Chinese-owned apps such as CapCut, Xiaohongshu, Lemon8, Alipay, and WeChat could soon face similar scrutiny as US lawmakers grapple with the growing influence of foreign tech companies.

If the ban proceeds, TikTok will be removed from US app stores by Sunday, and tech companies in the US will be prohibited from hosting, distributing, or maintaining the app. This would mean that existing users would no longer be able to receive updates, eventually rendering the app unusable over time. Reports suggest that users attempting to access TikTok after the ban will be redirected to a website outlining information about the ban and instructions on how to download their personal data.

Despite these impending consequences, officials from both the Biden administration and the incoming administration of President-elect Donald Trump have signaled that efforts are being made to prevent the shutdown. Biden’s team indicated this week that Americans should not expect TikTok to be abruptly banned on Sunday, while Trump’s team has expressed a willingness to find a solution that preserves TikTok but ensures data protection for US citizens.

In a move that could buy TikTok some more time, the US president has the option to grant a 90-day extension to ByteDance, provided significant progress is made in finding a new buyer for the app. Additionally, Trump’s administration is reportedly considering an executive order to keep TikTok operating, ensuring that it doesn’t go dark. Meanwhile, TikTok CEO Shou Chew is scheduled to attend Trump’s inauguration on Monday, which further suggests that the incoming administration might take a different approach.

The US government’s concern over TikTok largely stems from its potential to be used by the Chinese government for surveillance and propaganda purposes. While ByteDance is a private company, the Chinese government has a degree of influence over its domestic tech industry that doesn’t exist in Western countries. In 2022, ByteDance attempted to alleviate US lawmakers’ concerns by partnering with the US tech company Oracle to route TikTok traffic through American infrastructure and store data on US-based servers. However, this move did not calm lawmakers, and Congress voted overwhelmingly in favor of a ban.

Experts like Claire Chu, a senior analyst at Janes, argue that social media apps, including TikTok, are crucial tools for governments to gauge public sentiment both domestically and internationally. Social media, she notes, is not only used for censorship but also for gathering vast amounts of information, including insights into trends, patterns of life, and even vulnerabilities.

On the legal front, TikTok has filed a case challenging the ban, arguing that it violates the First Amendment rights of Americans by limiting free speech. The Supreme Court heard arguments in the case on January 10, and while the justices have yet to issue a ruling, there is skepticism among many justices regarding TikTok’s argument. Civil liberties groups such as the Electronic Frontier Foundation (EFF) have weighed in, arguing that the ban is an overreach and distracts from the real issue of data privacy, which is not exclusive to TikTok but applies to other companies as well.

David Greene, director of civil liberties at the EFF, emphasized that foreign adversaries can access Americans’ data through various means, including buying it from data brokers. “The ban or forced sale of one social media app will do virtually nothing to protect Americans’ data privacy from another country,” Greene said, pointing out that the real issue lies in the lack of comprehensive consumer privacy legislation in the US.

As the debate surrounding TikTok intensifies, the app’s future in the US remains uncertain, and its potential ban could have far-reaching implications for other foreign-owned apps and the future of data privacy regulations in the country. The outcome of this ongoing legal and political battle will likely influence the U

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