In a surprising turn of events, the Biden administration has announced that it will not enforce the impending TikTok ban, which is due to take effect this Sunday.
Instead, the responsibility for implementing the ban will fall to the incoming Trump administration. This decision comes amidst ongoing debates about the app's ownership and its potential threat to national security.
According to The Post Millennial, a White House official stated, "Our position on this has been clear: TikTok should continue to operate under American ownership. Given the timing of when it goes into effect over a holiday weekend a day before the inauguration, it will be up to the next administration to implement." This statement suggests a clear preference for domestic control over the popular social media platform, a stance that aligns with traditional conservative values of national security and economic sovereignty.
While the app itself is not mandated to cease operations on Sunday, the Justice Department holds the authority to impose hefty fines on app stores and internet hosting services, amounting to $5,000 per user. With approximately 170 million monthly users, the financial implications of non-compliance could be significant.
The law stipulates that TikTok's parent company, ByteDance, based in China, must divest its ownership to an American buyer. The president has the power to delay the ban for up to 90 days, given three conditions: TikTok must demonstrate progress towards divestiture from ByteDance, provide evidence of significant progress towards a sale, and confirm this progress with relevant binding legal agreements.
On January 10, the Supreme Court heard arguments in TikTok's case to halt the ban. Lawyers for the social media giant argued that the ban violated the First Amendment by inhibiting the company's ability to communicate within the US. However, the Department of Justice countered that the required divestment for national security reasons does not constitute a free speech issue. The Supreme Court has yet to issue its ruling.
In a twist, a recent report suggested that Chinese officials are contemplating a potential solution to evade the ban, which could involve Elon Musk acquiring the US operations of TikTok.
President Trump has voiced his opposition to the ban, stating in an amicus brief submitted to the Supreme Court, "This case presents an unprecedented, novel, and difficult tension between free-speech rights on one side, and foreign policy and national-security concerns on the other." He further emphasized his unique position and responsibility as the incoming Chief Executive to resolve this dispute.
The timing of the deadline, falling just a day before Trump's inauguration, has been described as "unfortunate timing" that "interferes with President Trumps ability to manage the United States foreign policy and to pursue a resolution to both protect national security and save a social-media platform that provides a popular vehicle for 170 million Americans to exercise their core First Amendment rights." This situation underscores the complex interplay between national security, free speech, and the global digital economy.
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