TikTok ban looms: US court upholds security-driven law
The law banning TikTok in the United States could be enacted in January 2025. On Friday, an appeals court rejected the request to block these regulations. The question is what Donald Trump will do, as he defended the app during his campaign, but indications suggest he might have changed his mind.
On Friday, 6th December, the appeals court rejected a request to block the new federal law from April of this year, which mandates the Chinese owner of TikTok - the company ByteDance (full name: Beijing ByteDance Technology Co Ltd) - to sell its US operations within nine months. Otherwise, the app used by 170 million Americans will be blocked in the US.
Why does the US want to get rid of TikTok?
The American legislator has advocated for the forced sale of the Chinese app in the US because ByteDance is subject to the Chinese government's influence and thus may hand over sensitive American citizens' data to the regime in Beijing. Moreover, China could use TikTok's algorithm for propaganda and disinformation purposes, posing a security and destabilisation risk to the American people.
The Chinese company dismisses these allegations, citing the First Amendment to the United States Constitution (freedom of speech). However, a three-judge panel in Washington on Friday unanimously supported the new US law aimed at protecting national security and user privacy.
The federal court rejected the request to block these regulations and ruled that they do not violate freedom of speech protections. This decision means that ByteDance only has one option left to prevent the ban from taking effect on January 19, 2025: It can appeal to the Supreme Court.
As Bloomberg reminds, the anti-TikTok law takes effect a day before the inauguration of President-elect Donald Trump, who during his campaign opposed the ban on TikTok in the US, seeking the votes of young Americans, even though during his first term he wanted to force the sale of TikTok to the Chinese. Trump's potential opposition to the new regulations could complicate the enforcement of this law.
5 arguments that might persuade Trump
According to Bloomberg, Trump could just as well be the person who seals the ban on TikTok's operations in the US. Several arguments support this view, including the fact that Trump has filled his cabinet partly with staunch opponents of the Chinese app. At the top of this list is Trump's nominee for Secretary of State - Marco Rubio, who was the main senator in the bipartisan legislation to ban TikTok. Besides, the selection of anti-TikToker Mike Waltz as national security advisor also doesn't favour the app.
According to Bloomberg, Trump's decision may also be influenced by his access to classified information, which he didn't have during the campaign. As another argument against TikTok, the agency points to benefits for domestic Facebook, whose co-founder Mark Zuckerberg has returned to Donald Trump's favour.
Importantly, Donald Trump conducted an anti-China trade policy, which he intended to continue when he was inaugurated as president in January. According to Bloomberg, maintaining the TikTok ban would fit his firm stance against China. And most importantly, Bloomberg notes, Trump has already won the election, so he doesn't need TikTok to reach voters through it.
