President Joe Biden's administration has decided not to enforce a looming ban on TikTok, leaving its fate to incoming President Donald Trump. The popular app, owned by China-based ByteDance, faces a January 19 deadline for divestiture to a non-Chinese buyer, as mandated by a law signed by Biden last year. Without divestiture, TikTok risks being banned due to national security concerns.
A senior Biden official, speaking on condition of anonymity, stated, Biden administration will not enforce the ban, leaving the implementation and potential extensions to the incoming administration. This decision hands Trump, who once sought to ban TikTok but later shifted to supporting it, the reins to determine the app's future.
Trump's transition team has signaled intentions to keep TikTok operational in the U.S. if a viable deal can be reached. "We will put measures in place to keep TikTok from going dark," said Representative Mike Waltz, Trump's incoming national security adviser, in a recent interview with Fox News. Waltz noted that the law allows for a 90-day extension if significant progress is made toward divestiture, potentially buying the new administration more time to negotiate.
TikTok CEO Shou Zi Chew is expected to attend Trump's inauguration on January 20, a symbolic gesture signaling warming relations between the app and the incoming administration. The CEO is slated to join high-profile guests, including Elon Musk, Mark Zuckerberg, and Jeff Bezos, on the dais.
The law requiring TikTok's divestiture stems from bipartisan concerns over the app's potential misuse by the Chinese government to collect data on U.S. users and disseminate propaganda. Republican Senator Tom Cotton, a vocal critic, labeled TikTok a "Chinese Communist spy app" that endangers American children and national security.
Despite these concerns, a bipartisan shift is emerging. Senate Democratic Leader Chuck Schumer, previously supportive of divestiture, has advocated for extending the deadline. "More time is needed to find an American buyer and not disrupt the lives and livelihoods of millions of Americans," Schumer said on the Senate floor.
The debate has also spilled into legal and political arenas. Last week, the Supreme Court heard oral arguments in a case brought by ByteDance and TikTok users challenging the divestiture requirement. While the justices appeared inclined to uphold the law, the court has yet to issue a ruling.
Amid these developments, speculation has arisen that Trump may issue an executive order to delay the ban's enforcement, although legal experts question his authority to override Congress's divestiture mandate. Karoline Leavitt, a spokeswoman for Trump's transition, emphasized his commitment to preserving TikTok. "President Trump has repeatedly expressed his desire to save TikTok, and there's no better deal maker than Donald Trump," she said.
The controversy over TikTok reflects broader geopolitical tensions with China and domestic debates about balancing national security with individual freedoms and business interests. Critics argue that allowing the app to operate without divestiture sends conflicting messages about U.S. priorities. Representative Frank Pallone, a leading House Democrat, criticized Trump for inviting TikTok's CEO to the inauguration while maintaining the app poses a national security threat.
Meanwhile, some TikTok users are seeking alternatives, with rival Chinese app RedNote reportedly gaining 3 million U.S. users in a single day. ByteDance has not commented on its plans if the app is banned, but reports suggest it may shut down its U.S. operations if no resolution is reached.
