Awaiting the post-Christmas ghost of TikTok Future and Trump’s return
Published 9:49 am Thursday, December 26, 2024
By Sid Salter
Columnist
Any way you slice, there’s a lot to unpack for fans and opponents of the social media
application TikTok – the short-form Chinese-owned video platform with an algorithm that
personalizes each user’s experience based on learning one’s preferences.
Fans of TikTok love the content, and many are blissfully happy to spend hours and
hours viewing the app, usually from smartphones and other personal devices.
Opponents see TikTok as a digital Trojan Horse capable of stealing American
governmental, business, and personal data to the danger and detriment of American
citizens.
With the highest court in the U.S. set to decide the app’s fate beginning on Jan. 10,
perhaps a review of what this is and why it matters is in order.
ByteDance Ltd., the Chinese owner of TikTok, was founded in 2012. By 2016, the
company launched Douyin, a video-sharing app aimed at China’s gargantuan market,
spun off TikTok (a version of Douyin aimed at foreign markets), acquired a competitor
video-sharing app for $1 billion in 2017, and then merged it with TikTok.
By 2019, troubling U.S. media reports began to surface first over online child privacy
law violation allegations and later national security concerns. That led to Pentagon
recommendations that the app be deleted from both personal and military phones and
devices by military personnel. The same year, TikTok became the second-most
downloaded app in the world.
Then-President Donald Trump issued executive orders aimed at ByteDance and
TikTok, which drew lawsuits against the administration.
By 2023, with TikTok having well over a billion active users worldwide and over 170
million in the U.S., President Joe Biden issued back-to-back executive orders aimed at
forcing the deletion of the app from all government devices.
The current year has seen Congress propose and pass so-called “ban or sell”
legislation (which would force a U.S. ban of the app or force a sale to U.S. owners)
aimed at ByteDance and TikTok, legislation that was signed into law by Biden.
ByteDance and TikTok sued the U.S. government, saying the “ban or sell” law was
unconstitutional.
That law has a Jan. 19, 2025, deadline—the day before Trump is inaugurated for his
second term in the White House.
The U.S. Supreme Court will hear two hours of oral arguments on Jan. 10 in the
company’s appeal of enforcement of the federal “ban or sell” ultimatum.
Interestingly, Trump told a group of conservative supporters in Arizona in recent days
that he might be open to allowing TikTok to continue operating in the U.S. “for a little
while” based on his success marketing his presidential campaign on the controversial
app in the 2024 campaign. Trump told supporters he had received “billions and billions
of views” on the app.
TikTok and ByteDance are asking the high court to “pause” or temporarily block
enforcement of the “Protecting Americans from Foreign Adversary Controlled
Applications Act” – the law adopted by Congress and signed by Biden.
The Associated Press quoted Trump as telling the crowd at America Fest, an annual
event organized by the group Turning Point: “They brought me a chart, and it was a
record, and it was so beautiful to see, and as I looked at it, I said, ‘Maybe we gotta keep
this sucker around for a little while’,” Trump said.
Closer to home, Mississippi Gov. Tate Reeves announced a ban on the use of TikTok
on all state-owned devices and networks in Jan. 2023. The Mississippi Legislature
followed suit enacting a new law in April 2023 that banned the app from state devices
and networks effective July 1, 2023.
Content creators who use TikTok to peddle their wares or services are protesting loudly
that a ban endangers their businesses, but the likely outcome is that TikTok’s First
Amendment and business impact arguments will be ignored by the high court in favor of
national security concerns.
Even if the Supreme Court refuses to pause the law before Jan. 19, the future of TikTok
remains uncertain. The app operates on app stores and cloud servers like Apple,
Google and Oracle. TikTok could move to offshore hosts.
The broader impacts of this decision on U.S.-China relations are an even bigger
mystery but suffice to say it won’t be at all helpful in the short term.
Sid Salter is a syndicated columnist. Contact him at sidsalter@sidsalter.com.