The outgoing Biden administration has decided not to enforce a law that would eventually ban TikTok in the United States, even though the Chinese-owned app is scheduled to be shut down to its American users on Sunday.
Biden officials told ABC News On Friday, the White House would not take any action to implement the law “given the timing of the law's effective date.”
That would leave TikTok's fate in the United States firmly in the hands of incoming President Donald Trump, who has previously said the popular but troubled app “is worth keeping around a little while longer.”
AF also reports: TikTok plans to shut down in US, but will continue to pay employees
“Our position on this is clear: TikTok should continue to operate under U.S. ownership,” the White House official told ABC News.
“Given the time [the law] The bill, which takes effect over the holiday weekend before the inauguration, will be implemented by the next administration, White House officials told ABC News in a statement.
After Biden signed the divestment or ban bill in April, TikTok's Chinese owner ByteDance had until Sunday to sell the app's U.S. operations to prevent it from being banned.
The company, along with TikTok and some of the app's users, unsuccessfully challenged the law in U.S. courts on the grounds that it violated “free speech.”
Their latest challenge to the U.S. Supreme Court is also expected to be dismissed. It was unclear whether the court would rule on the case on Friday.
unlikely supporter
Without a reprieve from the Supreme Court, TikTok will face a certain ban in the United States. Still, the Biden administration's decision not to enforce the law, which it has aggressively pursued so far, may be prompted by growing calls from U.S. lawmakers to extend the ban.
More and more U.S. officialsThose, including many who strongly support divestiture or banning laws, say ByteDance should have more time to sell the app.
One of the lawmakers, Senate Democratic Leader Chuck Schumer, said the Democrats were trying to find a solution by passing a bill to extend the ban to 270 days.
“It's clear that more time is needed to find an American buyer without disrupting the lives and livelihoods of millions of Americans,” Schumer said on the Senate floor. At least 170 million Americans use the social media app.
“I will work with the Trump administration and both parties to keep TikTok viable while protecting our national security,” Schumer said.
Trump is a 'dealmaker'
At the same time, Trump’s incoming national security adviser, Representative Mike Waltz, also said that the new Republican government Will TikTok continue to survive in the United States If there is a viable deal.
“We will take steps to prevent TikTok from getting into trouble,” Walz told Fox News, noting that there is a provision in the law that allows for a 90-day extension if “significant progress” is made on the divestment.
“Essentially, this buys President Trump time to let TikTok continue to grow,” Walz said.
Trump had supported banning the app but reversed his position last year. Last month, he said TikTok “has a warm place in his heart” because the app played a huge role in winning him votes among young people.
According to the New York Times, Trump is considering an executive order that would seek to allow TikTok to continue operating until it finds a new owner, although the legal ban has not yet taken effect. It's unclear whether Trump has the authority to do so, given the legal divestiture requirements put forward by Congress.
“President Trump has repeatedly expressed his desire to save TikTok, and there is no better dealmaker than Donald Trump,” said Karoline Leavitt, Trump's transition spokesperson.
In a sign of warming relations between Trump and TikTok, the video app’s CEO Shou Zi Chew Will attend the presidential inauguration Two people familiar with the matter told Reuters that he will sit on the podium on January 20 with other high-profile invitees.
TikTok could still be plunged into darkness
Despite the unexpected support, it's unclear whether TikTok will remain online without a formal extension.
ByteDance has repeatedly insisted that divesting from TikTok US is not an option and that the Chinese government will not allow such a move.
But media reports earlier this week suggested that the Chinese government now controls TikTok's future, with officials discussing the possibility of selling it to billionaire Elon Musk. TikTok denies the reports.
still, People familiar with the matter told Reuters TikTok plans to shut down its U.S. operations unless it gets a last-minute reprieve.
If it's dark, TikTok plans for users to see a pop-up message directing them to a website containing information about the ban when they try to open the app, people familiar with the matter said.
The shutdown is intended to protect TikTok service providers from legal liability and make it easier to resume operations if President-elect Donald Trump chooses to reverse any ban, sources said.
Sources said that if the ban is subsequently lifted, TikTok will be able to resume services to US users in a relatively short period of time.
- Reuters, with additional editing and input by Vishakha Saxena
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