TikTok, the social media app with over 150 million U.S. users, faces a federal ban that could take effect on January 19 unless ByteDance, its China-based parent company, sells its U.S. operations.
ByteDance has prepared to shut down TikTok entirely in the United States on Sunday if the ban is enforced, underscoring the app’s precarious position in a politically and legally charged conflict.
President-elect Donald Trump has signaled his willingness to intervene, with his incoming administration exploring a potential executive order to delay the ban, reports CNN.
The legislation mandating TikTok’s divestiture stems from bipartisan concerns over national security and data sovereignty. Critics argue that TikTok’s data collection practices could allow the Chinese government access to sensitive user information, a claim ByteDance has repeatedly denied, asserting that all U.S. data is stored securely outside China.
Trump’s position on the app has shifted significantly in recent years, evolving from a ban advocate to a potential savior of the platform. Last month, Trump asked the Supreme Court to stay the law so his incoming administration could work out a deal to keep TikTok available to Americans.
ByteDance’s Plan to Shut Down TikTok in the U.S.
As the ban deadline approaches, ByteDance has outlined plans to completely disable TikTok for U.S. users rather than comply with partial measures like halting app downloads.
TikTok’s lawyer, Noel Francisco, stated during Supreme Court arguments that the app will “go dark” if the ban is upheld. ByteDance intends to redirect users attempting to access TikTok to an informational website offering tools to download their data, including saved videos and account details.
This decision highlights the stakes of the dispute for ByteDance, whose proprietary recommendation algorithm is central to the app’s appeal and success. The algorithm, which powers TikTok’s personalized content feed, has become a sticking point in acquisition talks, as its sale could compromise the app’s functionality and value.
For content creators and businesses that rely on TikTok for income and engagement, the planned shutdown could result in major disruptions. Senator Ed Markey described the app as “a unique informational and cultural ecosystem,” emphasizing the need for alternative solutions to avoid dismantling vibrant online communities.
The Role of the Supreme Court
The Supreme Court is currently reviewing TikTok’s request to block the ban, but legal experts believe the justices may allow the law to take effect.
During oral arguments, attention focused on whether ByteDance could divest TikTok without transferring its algorithm. Without the algorithm, experts argue, the app’s value would plummet, rendering potential acquisitions unviable.
University of Minnesota law professor Alan Rozenshtein told the Washington Post Wednesday, “Executive orders are not magical documents… TikTok will still be banned, and it will remain illegal for Apple and Google to distribute the app.” His comments underscore the limits of Trump’s potential intervention through executive action.
ByteDance has faced bipartisan scrutiny over its alleged ties to the Chinese government, with lawmakers citing concerns about data privacy and espionage. Despite repeated denials from ByteDance, these allegations have fueled calls for stricter regulatory measures against foreign-owned technology companies operating in the United States.
Trump’s Changing Position on TikTok
Trump’s stance on TikTok has undergone a significant transformation since his first term in office. In 2020, he sought to ban the app outright, citing national security risks. A 2020 executive order claimed that TikTok’s data collection practices posed a threat to federal employees and contractors, potentially enabling surveillance and corporate espionage.
However, Trump’s position began to shift in 2024, influenced by TikTok’s role in amplifying his campaign messaging. The platform, which generated billions of views for his campaign content, became a valuable communication tool.
Trump described TikTok as “fantastic” and hinted at his intention to preserve it. Mike Waltz, Trump’s incoming national security adviser, reinforced this sentiment, stating in an interview with Fox News that the administration plans to “find a way to preserve it but protect people’s data.”
ByteDance executives met with Trump and key Republican donors in December 2024, including Jeff Yass, at Mar-a-Lago to discuss the app’s future. While ByteDance has resisted selling TikTok’s U.S. operations, its engagement with Trump’s team indicates a willingness to explore alternatives to a full shutdown.
The Biden Administration’s Role
Although President Joe Biden signed the legislation mandating TikTok’s divestiture, his administration has faced criticism for its handling of the issue.
Lawmakers, including Senators Ed Markey and Rand Paul, have urged Biden to delay the ban, arguing that TikTok’s cultural and economic significance warrants further negotiations.
However, White House officials have emphasized that statutory constraints limit their ability to defer enforcement. “We are not considering deferring enforcement,” said a senior administration official.
The Biden administration’s position reflects broader tensions between national security priorities and free speech concerns. Critics of the ban argue that it infringes on the First Amendment and jeopardizes the livelihoods of creators and small businesses.
Meanwhile, advocates for the legislation maintain that stricter oversight of foreign-owned technology platforms is essential for protecting U.S. interests.
ByteDance’s Struggles with Divestiture
Efforts to sell TikTok’s U.S. operations have faced numerous challenges, primarily due to ByteDance’s refusal to include its algorithm in any potential deal. Prospective buyers, including Microsoft and Elon Musk’s X, have expressed interest in acquiring TikTok but have been unable to reach agreements that satisfy both security requirements and valuation concerns.
Publicly proposed acquisition bids, such as those involving crowdfunding initiatives, have also struggled to gain traction. ByteDance’s insistence on retaining control of its algorithm has complicated negotiations, leaving the company with few viable options as the ban deadline approaches.
What Lies Ahead?
As TikTok’s fate hangs in the balance, the app’s future depends on two critical developments: the Supreme Court’s ruling and potential executive actions by the Trump administration.
Trump’s team has hinted at issuing an executive order to delay the ban, framing it as a pragmatic solution to preserve the platform while addressing security concerns. However, legal experts caution that such actions may face significant challenges in court.
