China-based social media platform TikTok faced the danger of being banned in the country, with a critical decision by the US Supreme Court. According to the decision, if TikTok’s parent company ByteDance does not transfer the US operations of the application, it will be possible to completely block TikTok from access in the country. The court emphasized that this regulation was a step taken to protect American national security and was constitutionally valid. However, in this process, many question marks regarding the fate of the application were brought to the agenda.
The Supreme Court approved the law, which is planned to come into force as of January 19, 2024, on national security grounds. According to the decision, the only way for TikTok to be accessible to American users is to transfer control of the platform to a non-foreign company. However, the execution of the decision and how the law will be implemented remain unclear. It is stated that the regulation in question was created to address long-discussed concerns about TikTok’s data security. On the other hand, the feasibility and political effects of this decision continue to be discussed.
Will the implementation of the law be postponed?
The political consequences of this decision taken by the US government coincide with a transition period between the current administration and the incoming presidency. White House Press Secretary Karine Jean-Pierre stated in her statement that the responsibility for implementing the law will largely be transferred to the new administration. This situation seems to have further increased the uncertainty regarding the future of TikTok. However, officials from the current administration stated that the implementation of the law would take time and that the process would proceed step by step.
Justice Minister Merrick Garland made a statement welcoming the court decision. Garland argued that this regulation would prevent the Chinese government from using TikTok as a national security threat. However, deputy minister Lisa Monaco stated that the effective implementation of the law will be a process that requires continuity. These statements show that there is still no clarity on the implementation of the decision. It is a matter of curiosity how TikTok will shape its own strategic moves in this environment of uncertainty.
TikTok continues its legal and technical preparations in this process. Company officials state that they are ready to stop their operations in the USA if the law comes into force. In addition, it is not yet clear whether ByteDance has a plan to sell or transfer TikTok. Especially whether the Chinese government will give the green light to such a sale remains a big question mark. Considering all these factors, the uncertainty over the future of the application becomes increasingly complex.
Key players such as Oracle and application stores, which host TikTok’s data in the USA, prefer to remain silent in this process. Technology giants such as Apple and Google have left unanswered questions regarding TikTok’s US operations. This indicates the magnitude of the practical difficulties associated with implementing the law. It is not yet known how TikTok’s relations with service providers and infrastructure supporters will be shaped in the event of a possible ban.
ByteDance’s sale of TikTok’s US operations is considered the most likely scenario to meet the requirements of the law. However, past statements made by the Chinese government indicate that such a sale will not be easy. Chinese officials had stated that they were against such a transfer, emphasizing that TikTok was a strategic asset. Despite this, some sources have recently speculated that ByteDance may be preparing for a possible sales agreement.
The fact that the US government has increased its pressure on TikTok in this process deeply affects the political and commercial strategies of the social media giant. At the end of this struggle, which has been going on for the last four years, TikTok appears to have exhausted its legal remedies. However, there is no definitive timetable for when and how critical decisions, such as banning or selling the app entirely, will be made.