The Biden administration is looking at ways to keep TikTok available in the US

The Biden administration is looking at ways to keep TikTok available in the US

President Joe Biden’s administration is considering options to keep TikTok available in the United States if a ban, set to take effect on Sunday, goes into effect, according to three people familiar with the discussions.

“Americans should not expect TikTok to be suddenly banned on Sunday,” an administration official said, adding that officials are “exploring options” on how to implement the law so that TikTok does not fade into obscurity on Sunday.

If the administration moves forward with such a plan, it would mean the outage of the popular app would not mean his last full day in office and the matter would shift to Donald Trump, who takes office on Monday.

Mike Waltz, Trump’s new national security adviser, told Fox News on Wednesday that Trump was prepared to intervene to preserve access to the Chinese video app in the American market. And Pam Bondi, his pick for attorney general, refused to commit to enforcing the ban when asked about it at her Senate confirmation hearing on Wednesday.

The moves represent parallel efforts by rival presidents to bypass Congress and the Supreme Court, which can rule on the ban at any time.

Still, a White House official insisted that not enforcing the ban if it was upheld was not an option.

“We are not considering delaying enforcement,” the official said. “Legally, we don’t believe we have the authority to do that.”

Biden and Trump’s positions are a reversal of their former support for banning TikTok.

The Trump transition team did not respond to requests for comment about the plan.

TikTok is considering its options, including the last-ditch possibility of going dark on Sunday, but could also allow the app to remain active, but without future updates and bug fixes.

The law in question required ByteDance, the China-based owner of TikTok, to divest from the company and find an outside buyer to take over the company within nine months. This window closes on Sunday. The law also gave the president the authority to grant a one-time 90-day extension if “significant progress” was made on divestment.

The measure was enacted in the name of national security as lawmakers believed that US users’ data could be compromised by China or that China could influence Americans by controlling content on TikTok. TikTok — which has long claimed these concerns are unfounded — and some of its users have filed a lawsuit to block the law from a First Amendment perspective.

Without a sale, a reprieve for TikTok would mean national security concerns would remain unresolved, at least for now.

Just days before the potential ban, droves of US TikTok users downloaded Chinese alternatives that pose similar security issues.

Trump, who tried to push through a ban in his first term, vowed on the campaign trail last year to “save TikTok.” Biden signed the ban in April as part of a $95 billion measure to support Ukraine and Israel. But now his White House is trying to pull the teeth out of the matter.

Rep. Ro Khanna of California, a longtime Biden ally, is among a small group of lawmakers who have appealed to the White House and the Supreme Court to stop the ban.

“I hope President Biden listens to the millions of voices who don’t want the lights to go out on this app,” Khanna said. “He has the power to extend the time frame to find a solution that prevents the app from being shut down.”

Sen. Ed Markey, D-Mass., also said he had shared his concerns with White House officials and asked them to delay the ban.

He said they responded that they would “consider it” but didn’t give a clear answer as to what would happen.

Late last month, Trump filed a brief asking the Supreme Court to put on hold implementation of that part of the law so that the new president could “pursue a negotiated resolution” to prevent a shutdown of TikTok. Trump attorney John Sauer argued in the brief that Trump “received a strong electoral mandate from American voters to protect the free speech of all Americans – including the 170 million Americans who use TikTok.”

Days later, Trump asked on his Truth Social platform: “Why would I want to get rid of TikTok?”

He included a graphic showing his wide reach on the short-video app, which reportedly has 170 million U.S. users.

Last week, Supreme Court justices appeared unconvinced by TikTok’s free speech arguments, although they may decide to temporarily block the law while they continue to rule against the company.

During arguments, Chief Justice John Roberts referred to Congress’ finding that TikTok’s parent company is subject to Chinese laws requiring it to assist in information gathering.

“So should we ignore the fact that the top parent is actually doing intelligence work for the Chinese government?” he asked.

Roberts addressed free speech concerns, saying, “Congress doesn’t care what’s on TikTok.”

Lawmakers “didn’t say TikTok has to stop,” he added. “They say China needs to stop controlling TikTok.”

While TikTok’s Asia headquarters is in Singapore, its parent company ByteDance is in Beijing.

Some Republicans in Congress who voted for the bill said they expect Trump to step in and negotiate a sale to U.S. interests once he takes office.

“They must legally divest so that Trump could play an effective role in finding a buyer. … He considers himself a top negotiator,” said Rep. Mike McCaul of Texas, a China hawk who was chairman of the Foreign Affairs Committee when Congress passed the bill last year. “Otherwise, my guess is it will close unless he finds a way to sell it.

“A lot of these influencers rely on TikTok,” he continued. “They don’t want to change, but ByteDance is controlled from Beijing. It’s just not a threat to Congress, it’s a threat to our children.”

Sen. John Kennedy, R-La., said there was only one path for TikTok to continue operating in the United States: divestment.

“Congress has already passed the law,” he said. “What I’m hoping for is that the owners of TikTok will come forward and say, ‘We will never give Americans’ data to the Chinese Communist Party, and this is how it will be enforced: separation from the parent company.'”

Leave a Reply

Your email address will not be published. Required fields are marked *