Here’s what we know as the deadline approaches

Here’s what we know as the deadline approaches

Topline

TikTok’s fate is in the hands of the Supreme Court as the nation’s highest court prepares to consider a federal law set to take effect Jan. 19 that would ban the popular social media app unless its China-based parent company is selling it, culminating years of debate about TikTok.

Timeline

December 18thThe Supreme Court announced it would consider TikTok’s challenge to the federal law that could potentially ban the app, and has scheduled hearings for Jan. 10 – just days before the law is set to take effect.

December 16thTikTok asked the Supreme Court for an injunction that would block the ban against it until the conservative-majority court rules on TikTok’s legality or dismisses the case, arguing that the pause “gives the court leeway for an orderly review.” “An important channel for Americans to communicate with their fellow citizens and the world is closed.”

December 16thTikTok CEO Shou Chew met with President-elect Donald Trump at his Mar-a-Lago estate, according to CNN, and argued that a Supreme Court injunction that was ultimately not granted was time for Trump’s TikTok-friendly administration would give an opinion on the matter.

December 6thThe U.S. Court of Appeals for the D.C. Circuit denied TikTok’s request to review the law against TikTok after the three-judge panel said national security concerns were more important than TikTok’s First Amendment rights and later denied TikTok’s request to do so decision to uphold the law.

May 14thEight TikTok users sued the federal government, accusing them of First Amendment violations and “unconstitutional overreach.”

May 7thTikTok filed a lawsuit against the federal government, challenging the constitutionality of the ban and arguing that the First Amendment rights of the app and its American users were violated.

April 24thPresident Joe Biden signed the bill requiring the sale or ban of TikTok, prompting a response from the platform, which claimed in a statement that it had “invested billions of dollars to keep US data safe and our platform free from external influence and manipulation”.

April 23rdThe Senate voted 80-19 to pass the bill, which Sen. Maria Cantwell, D-Wash., said was enacted to “prevent foreign adversaries from conducting espionage, surveillance and malicious operations and harming vulnerable Americans, our soldiers and… “Harming women and ourselves.” U.S. government personnel.”

April 20thThe House passed the anti-TikTok bill by an overwhelming 360-58 vote, with Minority Leader Hakeem Jeffries, D-N.Y., saying in a statement that the bill was “designed to address legitimate national security and privacy concerns.”

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When could the Tiktok ban come into effect?

The ban against TikTok could take effect as early as January 19 unless ByteDance commits to selling TikTok to another company or the Supreme Court decides to accept the app’s requested injunction.

Which company could end up buying Tiktok?

A number of companies have shown interest or are rumored to be considering purchasing TikTok. Amazon has been identified as a potential buyer, with experts pointing to deepening ties between TikTok and Amazon, such as the announcement this year of a partnership that allows users to browse and purchase Amazon products on TikTok. Amazon also became the third-largest advertiser on TikTok in the US this year. Oracle and Walmart could potentially make a joint bid for TikTok, as the two companies joined forces to buy the app in 2020 before being reportedly halted by the Biden administration over security concerns. Microsoft could return to the table for TikTok after it also tried to buy the app in 2020, although Microsoft CEO Satya Nadella said he was “happy with what I have” after talks fell through. Video-sharing platform Rumble publicly offered to buy TikTok earlier this year and could re-enter the discussion after previously saying it was “ready to join a consortium with other parties acquiring TikTok in the US China, which has promised to block the sale of TikTok’s algorithm, would have to agree to a sale of TikTok to another company, although the country is unlikely to do so.

Who is billionaire Tiktok investor Jeff Yass?

Yass, who has an estimated net worth of $49.6 billion, is a Republican megadonor and a major investor in TikTok. He reportedly met with Trump and became perhaps the biggest influence behind Trump’s move from trying to ban the app to later opposing its removal. Yass co-founded global trading firm Susquehanna International Group, which owns about 15% of ByteDance, a $33 billion stake in TikTok as of March this year and has conservative lawmakers opposed to the ban, such as Sen. Rand Paul, R-Ky. , and Rep. Thomas Massie, financially supported. R.-Ky. donated $24 million and $32,200 respectively, according to the Wall Street Journal. Yass has reportedly threatened to stop making donations to members of Congress who support banning TikTok, which would jeopardize his billion-dollar investment in the app. The billionaire has donated millions of dollars to conservative PACs such as Club For Growth Action ($16 million), the Congressional Leadership Fund ($10 million) and the Protect Freedom PAC ($6 million).

Could Donald Trump reverse the Tiktok ban?

Possibly, although his options are limited. The Supreme Court agreed to hear arguments in January, meaning Biden’s Justice Department will defend the law in court rather than Trump’s Justice Department, which the president-elect could order not to enforce the law if the Supreme Court decides to overturn the ban to maintain his office by decree. But even if Trump could ask the Supreme Court not to push for the ban, the move might not have the impact his administration is seeking since Apple, Google and Oracle could still abandon TikTok as they would risk financial penalties if they did would keep the app online and Trump later reconsidered his position on TikTok. Former Justice Department official Alan Rozenshtein wrote in a Lawfare op-ed that Trump could also lobby Congress to repeal the ban, but he would have to overcome bipartisan support for the law. Additionally, Trump could allow TikTok to fail and bring the app back to app stores and the internet with a one-time three-month extension, potentially buying time to facilitate TikTok sales.

What happens to American data if the app is shut down?

All Americans’ TikTok user data could be moved to China if the app is banned in the US. A precedent for such a move was set in 2020 when TikTok shut down operations in India and the app and ByteDance had access to millions years after Indian users’ data was shut down, according to Forbes.

Big number

About 170 million. That’s how many Americans used TikTok in April, according to the app.

Important background

At the heart of the federal government’s issue with TikTok are national security and privacy concerns related to the app and its ties to China. U.S. officials have alleged that the Chinese Communist Party could use the app to spy on Americans or influence public discourse. TikTok has denied claims that it is beholden to the Chinese government. The app’s CEO told Congress this year that he “disagrees with the narrative” that the platform is spying on Americans and said TikTok is committed to protecting Americans’ data. After Biden signed the anti-TikTok bill into law this year, the app declared that the sale itself was “so illusory that there is no alternative at all.” Experts and reports from Forbes have shown that ByteDance and TikTok are closely intertwined, as Glenn Gerstell, former general counsel of the National Security Agency, told Forbes this year: “There is no way to take the U.S. share out of TikTok and have it To sell to someone.” ByteDance has tried to allay concerns about TikTok by pointing out that as of 2022, 100% of US traffic will be routed to Oracle and US Digital Service’s infrastructure in the US became. The company has also claimed that it is about 60% owned by institutional investors, including the Carlyle Group, General Atlantic and Susquehanna International Group. However, reporting by The Atlantic has revealed that ByteDance used TikTok to spy on journalists and that TikTok has mishandled sensitive data, including financial information, social security numbers and personal contacts, on creators, advertisers, celebrities and politicians.

Further reading

Why a powerful US court thinks the TikTok ban doesn’t violate the 1st Amendment (Forbes)

The TikTok law gives you a right to your data. Here’s how to request it. (Forbes)

If Trump Wants to ‘Save’ TikTok, He May Have to Block It First (Forbes)

Congress warns Apple and Google they must ban TikTok in January (Forbes)

If TikTok is banned, Americans’ data could end up back in China (Forbes)

TikTok asks Supreme Court to stop federal ban (Forbes)

TikTok spied on Forbes journalists (Forbes)

TikTok’s China Problem (Forbes)

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