TECH: US S'COURT UPHOLDS LAW BANNING TIKTOK

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Agency Report

A rule that would ban TikTok in the US was upheld by the US Supreme Court on Friday, potentially depriving 170 million users of the video-sharing app in two days.

In a significant setback for TikTok, the court decided that the US government had shown that it had reasonable national security concerns regarding a Chinese firm owning the app and that the statute does not infringe upon free expression rights.

Last Monday, the company ByteDance argued to the Supreme Court that the regulation should be repealed because it violated free expression.

“There is no doubt that, for more than 170 million Americans, TikTok offers a distinctive and expansive outlet for expression, means of engagement, and source of community,” the justices said.

“But Congress has determined that divestiture is necessary to address its well-supported national security concerns regarding TikTok’s data collection practices and relationship with a foreign adversary,” they concluded.

With that ruling, Sunday’s prohibition essentially remains in effect, despite calls for a delay from politicians and bureaucrats of all stripes.

Last year, a law requiring ByteDance to sell the platform or shut it down in the US by January 19 was approved by Congress with overwhelming support.

The law was a response to the general Washington consensus that China would utilise the widely used software for propaganda or espionage.

President-elect Donald Trump, who assumes office a day later, will decide whether to enforce the order, White House sources told US media on Friday.

Trump said that he discussed TikTok in a phone conversation with Chinese President Xi Jinping on Friday.

Speaking to Fox News on Thursday, Trump’s incoming national security advisor Mike Waltz said the administration would put in place measures “to keep TikTok from going dark.”

“The legislation allows for an extension as long as a viable deal is on the table,” he said. “Essentially that buys President Trump time to keep TikTok going.”

“It’s been a great platform for him and his campaign to get his America first message out,” he added. “But at the same time, he wants to protect (users’) data.”

Senate Democratic Leader Chuck Schumer on Thursday also called for a looming TikTok ban to be delayed.

“It’s clear that more time is needed to find an American buyer and not disrupt the lives and livelihoods of millions of Americans, of so many influencers who have built up a good network of followers,” Schumer said.

To execute the ban, the US government would direct Apple and Google to remove TikTok from their app stores, preventing new downloads starting the day before Trump takes office.

TikTok lawyer Noel Francisco stated the site would “go dark” on Sunday if the justices fail to block the ban, and a media report said the company was planning a full suspension of service in the United States.

Campaigning ahead of the November election, Trump pledged to save TikTok and his team has been mulling ways to stall the ban or rescue the app.

Once Trump takes office, the law’s implementation will fall to his attorney general, who could choose not to enforce it, or stall it, defying Congress’s support for the legislation.

TikTok has been lobbying furiously to thwart the law’s implementation and CEO Shou Chew will attend Trump’s inauguration on Monday.

TikTok did not respond to a request for comment.

AFP