Apple, Google, and Oracle must follow the law and ban TikTok no matter what Biden, Trump say
With President Joe Biden ready to leave The White House, it was announced today that the Biden administration will not take any action that results in a ban against TikTok in the U.S. This came from an administration official who leaked this decision to ABC News. The official also made it clear that the Biden administration believes that TikTok should operate under a U.S. owner. However, the outgoing administration is allowing the incoming administration to decide what to do about TikTok.
“Our position on this has been clear: TikTok should continue to operate under American ownership. Given the timing of when it goes into effect over a holiday weekend a day before inauguration, it will be up to the next administration to implement.”-Unnamed Biden administration member to ABC News
TikTok itself isn’t responsible for following the law that calls for the app to go dark on January 19th. The responsibility falls on the app stores and internet hosting companies to pull the plug on TikTok starting on Sunday. The DOJ has the ability to fine these companies $5,000 per user if they do not comply with the law. That adds up to a fine large enough to make sure that every company involved in the dissemination of TikTok on devices in the U.S. falls into line.
“It’s clear that more time is needed. We will continue to work to find a responsible solution to keeping TikTok going, protect American livelihoods, and protect against Communist Chinese Communist Party surveillance. We must and can do all three.”-Chuck Schumer, Senate Minority Leader
Even if the Biden administration or the Trump administration decides not to enforce the law, the tech firms responsible for listing TikTok in app stores (Apple and Google) and the internet hosting company that allows U.S. internet users to access TikTok (Oracle) will still have to follow the law unless the U.S. Supreme Court intervenes at the last second, or ByteDance sells TikTok to another firm. And the law calls for the app to go dark on January 19th with a 90-day extension possible.
The president can issue a one-time 90=day extension moving the start of the ban under three conditions:
- TikTok must prove that it is working on a deal that takes it out of the hands of ByteDance.
- There must be “evidence of significant progress” toward a sale.
- Progress toward a sale must be sealed with “relevant binding legal agreements.”
So far, none of these conditions have been met. Donald Trump has changed his mind about TikTok with the president-elect stating after the election that he has a “warm spot in my heart” for the app. That could be due to TikTok’s ability to deliver to Trump the youth vote. Nonetheless, barring some explosive news being announced by Saturday night, TikTok’s days in the U.S. might be numbered.
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