By Alex Pigman, AFP
"Congress wrote this law to be virtually president-proof," warned chief executive of industry trade group Chamber of Progress Adam Kovacevich. Photo: AFP / Jaap Arriens
TikTok says it will "go dark" in the United States on Sunday, threatening access to the app for 170 million users, unless the government provides assurances that a law mandating its sale or ban won't be used to punish service providers.
After months of legal tussles, the US Supreme Court on Friday upheld a law that would ban the popular video-sharing platform in the name of national security, unless its Chinese owners reach an 11th-hour deal to sell it to non-Chinese buyers by Sunday.
Only months after overwhelmingly backing the law, lawmakers and officials were now fretting about the ban, with all eyes on whether US President-elect Donald Trump could swoop in and find a way to save the app.
From teenage dancers to grandmothers sharing cooking tips, TikTok had been embraced for its ability to transform ordinary users into global celebrities when a video went viral.
It was also appreciated by Trump, who had credited the app with connecting him to younger voters, contributing to his election victory in November.
Trump discussed TikTok with Chinese President Xi Jinping on Friday and said he would need more time to find a solution.
"My decision on TikTok will be made in the not too distant future, but I must have time to review the situation. Stay tuned!" Trump said in a social media post.
Late on Friday, however, TikTok said its US services would "go dark" unless the Biden administration "immediately provides a definitive statement to satisfy the most critical service providers assuring non-enforcement" of the law calling for the platform's ban.
The administration of outgoing President Joe Biden, who leaves office on Monday, said it would leave the matter to Trump's incoming government.
After the court defeat, TikTok CEO Shou Chew appealed to Trump, thanking him for his "commitment to work with us to find a solution".
Trump "truly understands our platform", he added.
TikTok had been lobbying furiously to thwart the law's implementation, with Chew set to attend Trump's inauguration on Monday.
The law required Apple and Google to remove TikTok from their app stores, blocking new downloads.
The companies could face penalties of up to $5000 per user who can access the app.
Oracle, which hosts TikTok's servers, would also be under legal obligation to enforce the ban.
None of the companies responded to requests for comment.
Trump discussed TikTok with Chinese President Xi Jinping on Friday and said he would need more time to find a solution. Photo: AFP
Offers for TikTok
The law allowed a 90-day delay if the White House could show progress toward a viable deal, but TikTok owner ByteDance had flatly refused any sale.
Former Los Angeles Dodgers owner Frank McCourt, had made an offer to purchase TikTok's US activity and said he was "ready to work with the company and President Trump to complete a deal".
Canadian investor Kevin O'Leary, who was involved in that offer, told Fox News that ByteDance was offered $20 billion for TikTok's US operation.
He acknowledged the legal uncertainty over the case, with it remaining an open question whether an executive order by Trump to halt the ban would override the law.
"Congress wrote this law to be virtually president-proof," warned chief executive of industry trade group Chamber of Progress Adam Kovacevich.
Professor of government and law at Cornell University Sarah Kreps said, "If an executive order conflicts with an existing law, the law takes precedence and the order can be struck down by the courts".
If TikTok is forced into a shutdown, its US-based rivals Instagram Reels and YouTube Shorts would benefit.
Thousands of worried TikTok users have protectively turned to Xiaohongshu ("Little Red Book"), a Chinese social media network similar to Instagram.
Nicknamed "Red Note" by its American users, it was the most downloaded app on the US Apple Store this week.
- AFP
