As the Supreme Court prepared to announce a landmark decision on Friday on whether to uphold a law that would effectively ban TikTok in the United States, the popular Chinese-owned app and its allies are struggling to enforce the law. launched a last-minute effort to fend off the threat. .
Representatives from the company have flocked to the Capitol in recent days to press lawmakers to sue TikTok, according to three people familiar with the effort. The ByteDance-owned app needs to win a reprieve, company representatives said, warning that it could otherwise go dark on Sunday, when the law is scheduled to take effect.
Democratic leader Chuck Schumer of New York said in a recent phone call with President Biden that if a ban were to be implemented on his watch, it would damage his legacy, according to two people familiar with the conversation. He said it would hurt. Mr. Schumer has said he wanted to sell TikTok to an American owner rather than be banned, and publicly acknowledged on Thursday that he had pressed Mr. Biden for an extension.
At the same time, President-elect Donald J. Trump, who has expressed support for the app and takes office on Monday, is considering signing an executive order that could effectively nullify the law.
The move comes after the Supreme Court, in an unusual move, strongly indicated it would issue a ruling on the law on Friday. The justices heard arguments just a week ago in an unusually fast move through the case last month, indicating they intended to abide by the law.
“This threat to go dark on Sunday got people's attention,” said Sarah Krebs, director of Cornell University's Institute for High Technology Policy. It seems to have “crystallized what was really at stake.”
The potential ban follows last year's bipartisan effort to force app stores and cloud computing providers like Apple and Google to suspend distribution of TikTok unless ByteDance sells TikTok to a non-Chinese owner within 270 days. It originates from the bill. Biden signed the bill in April over national security concerns that the Chinese government could use the app to spy on Americans and spread propaganda.
If the Supreme Court upholds this law as expected, this ruling will have an enormous impact on the social media landscape, popular culture, and the millions of influencers and small businesses who rely on the platforms to make a living. That's going to happen. With an estimated 170 million users in the U.S., TikTok has become a cultural hub hosting everything from videos about dance trends to critical information for communities in crisis. . Other social media companies are also most likely to benefit.
The ban would also have a major impact on U.S.-China relations, which are already subject to severe tensions over trade and tariffs. Last month, the Chinese government restricted exports of critical minerals to the United States after authorities in Washington imposed new restrictions on China's computer chip industry. Trump has hinted at a broader trade war since taking office.
It's unclear whether Trump's executive order would effectively block the ban. Legal experts say the president could direct the Justice Department not to enforce the law or delay enforcement for a period of time, but the president could do so if challenged in court. He said it is unclear what will become of the ordinance.
Another possible way to end the ban is to find a buyer and allow the president to extend the deadline by 90 days. The law requires that a viable deal be considered, but no clear buyer has emerged. Some lawmakers on Thursday urged either Biden or Trump to extend the deadline anyway.
TikTok has argued that a sale is impossible because it operates globally and China has already indicated it intends to block exports of its vital video recommendation technology.
Instead, TikTok has used its political connections to avoid losing U.S. business. TikTok Chief Executive Officer Shou Chu is living in the United States instead of his usual home in Singapore amid the political turmoil surrounding the company, two people familiar with his plans said.
Trump invited Chu to attend Monday's inauguration ceremony and sit in a position of honor on the dais, where former presidents, their families and other important guests traditionally sit.
TikTok is also focusing on connecting with conservative influencers. The company has spent thousands of dollars to become the headline sponsor of this Sunday's “Power 30,” a party honoring conservative influencers.
Internally, employees are considering whether the experience of using the app should change in any way if the ban goes into effect.
On Friday, the Supreme Court will issue at least one opinion starting at 10 a.m., a day when no decisions had previously been scheduled. The judge will not be present in court, an unusual move for a ruling in a pending lawsuit.
The court last ruled in March, in another swift and significant case, rejecting a challenge to Mr. Trump's eligibility for Colorado's primary ballot.
Although the TikTok Act gained bipartisan support last year, some politicians are now concerned that a ban could spark a widespread political backlash among the American public. Many young people rely on TikTok for an endless stream of memes, sharp dance moves, political commentary, news, and humor.
“We're going to take steps to keep TikTok from going dark,” former Rep. Mike Walz, Trump's next national security adviser, said on “Fox & Friends” Thursday morning. “This was a great platform for him and his campaign to get their America First message out there, but at the same time he wanted to protect his data.”
Democrats have expressed concern in recent days that the apps would go offline under Biden's watch, and on Tuesday they announced legislation to extend the sell-by date. Schumer accused Republicans of blocking the proposal.
“To find a buyer in the United States and avoid disrupting the lives and livelihoods of millions of Americans and so many influencers who have built impressive networks of followers,” Schumer said in a speech on the Senate floor. It is clear that more time is needed.” Thursday floor.
The bill's sponsors, Sen. Edward J. Markey (Massachusetts) and Sen. Cory Booker (New Jersey), both Democrats, told Mr. Biden at a news conference Thursday that even if there was no agreement to sell the company, Even if the deadline were to be extended by 90 days, he requested that the deadline be extended by 90 days. on the table.
“He's the sitting president and can exercise that power right now,” Markey said.
“Even if President Biden does not use that authority, we expect President Trump to use that authority to ensure the survival of TikTok after he takes office on Monday,” Markey added.
Catie Edmondson contributed reporting.