- The Supreme Court heard arguments last week on the ban but has yet to issue a ruling.
- If the ban goes into effect, TikTok will be illegal to distribute in the US and existing users will lose functionality over time.
- One way the app could survive is if ByteDance sells its US operations.
TikTok will soon go dark for its 170 million US users, stopping development at the 11th hour.
TikTok’s Chinese parent company ByteDance has until Sunday to sell the platform under federal legislation signed into law by President Joe Biden last spring. If the Beijing-based company fails to do so, TikTok will be banned in the US, making it illegal for US web hosting services and app stores to distribute the platform. The legislation comes amid concerns from some government officials who believe the platform is a national security threat, as ByteDance could share US user data with the Chinese government.
The Supreme Court heard oral arguments last week from TikTok, which claims the ban is an unconstitutional violation of Americans’ First Amendment rights. The platform asked the Supreme Court to stay the ban. As of Thursday morning, SCOTUS had not issued a ruling.
President-elect Donald Trump will be sworn into office on Monday, January 20, the day after the ban was imposed. Although he previously supported a platform ban, Trump asked SCOTUS last month to stay the deadline to give his incoming administration “an opportunity to pursue a policy resolution of the issues at hand in this case.”
The Washington Post reported Wednesday that Trump is considering an executive order that would halt the ban for 60 to 90 days, and USA TODAY was reviewing the report.
As we get closer to the ban, here’s what you need to know about the situation, how users will be affected and who has expressed interest in buying the platform.
Will TikTok shut down the platform on Sunday?
Following last week’s Supreme Court hearing, it appears that TikTok is preparing to shut down the platform itself on Sunday, according to multiple reports. The remarks about TikTok’s intentions were first shared by the company on Friday.
What will the decision of the Supreme Court determine?
If the Supreme Court upholds the existing legislation, ByteDance will have until Sunday to divest TikTok’s US assets.
During last week’s hearing, Justice Samuel Alito asked whether the court could temporarily block the law or temporarily halt the law administratively.
US Solicitor General Elizabeth Prelogar, defending the ban for the Biden administration, advised against a temporary block unless TikTok was likely to win based on its First Amendment claim to the right to distribute its content. As for an administrative stay, Prelogar said he would defer to the courts if they have enough time to decide the case.
When will the Supreme Court make the decision?
The Supreme Court can issue its decision at any time. The court does not need to issue a decision by a certain date.
How would the ban affect users?
If the TikTok ban goes into effect on Sunday, it will make it illegal for US web hosting services and app stores to distribute the platform.
TikTok users who already have the app downloaded on their mobile devices will still have access to it, but they won’t be able to update the app, which will likely become unusable over time. The TikTok website will not be available through US-based web hosting services.
Would there be a way to avoid the ban?
How exactly the ban would be enforced is uncertain, but content creators are using this time to educate other users about virtual private networks (VPNs), which allow online users to mask their locations. In theory, if a user uses a VPN to set their location outside the US, the user may be able to access TikTok.
However, there are some cases in which VPNs wouldn’t work, Dan York, a senior adviser to the Internet Society, previously told USA TODAY. Popular VPNs can be blocked and using locations abroad would result in slower or unreliable connections.
York advised users to do thorough research before using a VPN, as there are malicious companies that may want to take advantage of users looking to use one for the first time.
Who is interested in buying TikTok?
Over the past month, several people and organizations have expressed interest in buying the platform.
Notably, Project Liberty, an organization led by billionaire Frank McCourt, announced last week that it had made a formal offer to ByteDance to buy TikTok’s US assets. Liberty Project President Tomicah Tillemann said in a statement that the organization would not publicly disclose the amount of the bid.
McCourt, the former owner of the Los Angeles Dodgers, announced last month that Project Liberty had secured verbal commitments of up to $20 billion for the acquisition. “Shark Tank” host and investor Kevin O’Leary announced last week that he was joining Project Liberty in the acquisition plan.
More:Who can buy TikTok to avoid app ban? The newest name being thrown around: Elon Musk
If Project Liberty were to successfully buy TikTok, it would only be US assets, which do not include the algorithm, as China views it as its intellectual property.
Others who have expressed interest in the platform include Tesla and Space X CEO Elon Musk; YouTuber James “Jimmy” Donaldson, better known as MrBeast; former Activision CEO Bobby Kotick; Walmart CEO Doug McMillon; and Microsoft as one entity.
Greta Cross is a national trending reporter at USA TODAY. Follow her on X and Instagram @gretalcross. Story idea? Email her at gcross@usatoday.com.
