In a ruling by the federal appeals court, ByteDance (owner of the popular app TikTok) lost an appeal that would have blocked the enforcement of a ban of TikTok from U.S. app stores. ByteDance along with others challenged a U.S. law that targets applications under foreign control of adversaries due to national security concerns. This law could potentially ban TikTok and similar apps unless they sell it to a U.S. based company.
With the decision by the federal court of appeals today, ByteDance now faces a severe ultimatum; Divest from TikTok (their most profitable asset by a large margin) or be banned from U.S. app stores by January 19th, 2025.
While TikTok’s removal from app stores would make it impossible for new users to download the app, current consumers of TikTok would be able to keep and use the app on their phone, although they will not be able to update it making it questionable as far as how long it would be usable.
Why does the government want to ban TikTok?
The US Government’s main purpose behind the law and the upholding of the appeal is the potential threat that comes from the Chinese government having access to the private data of millions of Americans. This brings up concerns of espionage or the influencing public opinion of the American people via manipulated algorithms.
To address these concerns TikTok invested in data security systems and advocated for third-party audits. TikTok and many content creators on the platform argue that the law treats them unfairly and violates their First Amendment rights to freedom of speech.
Will Trump stop the TikTok ban?
One variable that could change the looming outcome of a TikTok ban from U.S. app stores is the incoming administration. President Elect Trump has eluded that he would be against a ban of TikTok for First Amendment reasons (although he was for a TikTok ban in his first term as President). Even with his presidency commencing January 20th, 2025 (one day after the deadline) there is a chance he could influence a reversal of the ban if it does happen, but it’s not clear whether that’s possible or not.
It seems there isn’t a clear consensus about the banning of TikTok within Trump’s newly selected cabinet. Opinions online are less split with the majority advocating for the free speech of Americans. @ashgorski on X (formerly known as Twitter) stating “The D.C. Circuit’s decision today to uphold the TikTok ban is enormously disappointing. If allowed to stand, it would give the government far too much power to restrict Americans’ speech online.”
TikTok’s next steps to avoid a U.S. app store ban
TikTok does have the opportunity to appeal to the Supreme Court and likely will, but with the short timeline we will have to wait and see if they choose to go that route or look to sell. This ban would not only impact TikTok and ByteDance, but the 170 million+ user base in the U.S., many of them making an income as content creators on the platform. We may see an influx of creators moving to platforms like Instagram Reels, Snapchat Spotlight, or YouTube Shorts in preparation of a TikTok ban.
Despite opposition and legal challenges, the court’s decision stands to ban TikTok from U.S. app stores unless ByteDance finds a way to comply with the divestment requirement by the set deadline.