TikTok ban in the US is one step closer to happening on January 19
But there's a chance that TikTok won't be banned or sold under a new administration
⚖️ US appeals board upheld the law requiring the sale or ban of TikTok
📜 That April 2024 law states TikTok must sell to a US company or be banned
🧑⚖️ Three DC District Court of Appeals judges were unanimous in today’s vote
😫 Next step: TikTok has appealed the case to the US Supreme Court
📆 On January 19, if the law isn’t overturned, TikTok faces a US ban
🤔 Incoming President Trump reversed his opinion on a ban, which could stop it
TikTok’s chances of staying in the US got a bit smaller on Friday after a US Court of Appeals upheld a law from earlier this year requiring the app's US operations to be sold to an American company or be outright banned from the country.
TikTok and its owner, Bytedance, appealed the law, citing the First Amendment, which protects free speech in America. The law takes effect in January 2025, but it’s still unlikely the app will actually end up being fully banned.
Background on the TikTok ban
The law was passed earlier this year, and the whole issue came about from people in the US government who were concerned about Americans’ data being given to the Chinese government. Bytedance is said to be a Chinese company privately owned and operated by Chinese citizens in China, but many American politicians have long been concerned that TikTok was giving the Chinese government access to Americans’ data.
US officials have also warned that China could manipulate TikTok’s algorithm to show American users content that’s more in line with their political agenda. To be clear, the US government has not released any data or evidence to show TikTok is giving Chinese officials access to Americans’ data, but it’s something they’ve been concerned about for a few years now.
Of course, TikTok sued the US government in May to overturn the law, and that’s how it ended up at the Court of Appeals, where the suit was denied. TikTok has now appealed to the US Supreme Court in the hopes it will take up the case.
So you’re saying there’s a (slim) chance?
The likelihood of the app actually being banned in January is relatively low. Technically, the law states that app stores (like the App Store and Play Store) as well as internet service providers have to stop supporting the app, but it’s up to President-elect Donald Trump to actually enforce the ban.
Although President Trump initially supported a TikTok ban during his first term, his views on the app have changed since then and he’s repeatedly said he won’t uphold the ban. The law also states that TikTok can simply sell its US business to American owners, and there are reportedly several people interested in purchasing (but not Elon Musk).
The most likely outcome is that the app will be sold or that Trump will simply ignore the ban and let things keep right on running, so we can all get back to doom-scrolling through endless cat and dance videos.
Jason Cockerham is a seasoned technology journalist reporting on the latest tech trends for The Shortcut as well as CNET, Android Police, XDA Developers and Top Ten Reviews. You can follow him at @jasonthejasonc on X and LinkedIn.