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TikTok to 'go dark’ within a matter of hours

TikTok has said it will be forced to “go dark” in the US in a matter of hours unless the government steps in before a federal ban takes effect.

What can U.S. TikTok users expect on Sunday?

TikTok said it will be forced to “go dark” in the US in a matter of hours unless the government steps in before a federal ban takes effect.

In a statement, it said “both the Biden White House and the Department of Justice have failed to provide the necessary clarity and assurance to the service providers that are integral to maintaining TikTok’s availability”.

It added that unless a statement was provided immediately by the US government providing assurances of non-enforcement, “unfortunately TikTok will be forced to go dark on January 19”.

On Friday, US time, the Supreme Court upheld a law supported by Democrats and Republicans that could lead to the platform being banned in the country on Sunday.

Incoming president Donald Trump had suggested he may be able to “save” the app despite acknowledging the “significant” national security issues.

Meanwhile, the potential ban has sparked a new conspiracy theory online, with Canadian-American venture capitalist Chamath Palihapitiya speculating on X that the fact that the Supreme Court “unanimously upholds a TikTok ban that was passed by a large bipartisan majority” could only have happened “if the US determined that TikTok was spyware for a foreign actor”.

The theory divided X users, with some agreeing with some agreeing with Mr Palihapitiya, while others argued there was no evidence to support his claims.

“I truly do not understand the fight to keep Tik Tok online in the US. It’s literally Chinese spyware that not even the Chinese will let their children use. It’s a weapon that’s harming our children. Still trying to understand the arguments in favor of keeping it online other than some wealthy GOP donors will take a massive hit,” one supporter posted, with others agreeing the platform posed a “security risk”.

However, others insisted there was no evidence to back up the theory.

A woman records herself on a smartphone for social media in Times Square in New York City ahead of the US TikTok ban. Picture: Leonardo Munoz/AFP
A woman records herself on a smartphone for social media in Times Square in New York City ahead of the US TikTok ban. Picture: Leonardo Munoz/AFP

“Tell me you didn’t listen to the oral arguments without telling me you didn’t listen to the oral arguments; because if you did, you would know that the government did, in fact NOT determine this, nor did they even look into it, which is why they provided absolutely zero evidence that any of the claims they were making about the things China was doing, were happening or had happened,” an X user shared.

TikTok has around 170 million American users and is one of the US’ largest social media platforms

In May, the US had demanded that TikTok’s Chinese owner ByteDance sell its American arm or face being removed from app stores.

Politicians said Beijing had too much access to the personal information of Americans and the app could be a “grave” national security threat.

But ByteDance had pushed back saying it could shut down the site in the US the day the law takes affect in just two day’s time.

That law, officially called the Protecting Americans from Foreign Adversary Controlled Applications Act, will now come to pass.

At the very least, the ruling theoretically means TikTok will be barred from app stores.

TikTok faces an imminent shutdown in the United States after Congress passed a law last year forcing its Chinses owner ByteDance to either sell the platform or close it by this January 19, 2025. (Photo by Antonin UTZ / AFP)
TikTok faces an imminent shutdown in the United States after Congress passed a law last year forcing its Chinses owner ByteDance to either sell the platform or close it by this January 19, 2025. (Photo by Antonin UTZ / AFP)

Biden passes ban buck

US President Joe Biden had supported the law. But he has now said he won’t enforce it on Sunday, his final full day he is in office.

“President Biden’s position on TikTok has been clear for months, including since Congress sent a bill in overwhelming, bipartisan fashion to the President’s desk: TikTok should remain available to Americans, but simply under American ownership or other ownership that addresses the national security concerns,” said White House Press Secretary Karine Jean-Pierre in a statement on Friday.

“Given the sheer fact of timing, this Administration recognises that actions to implement the law simply must fall to the next Administration, which takes office on Monday.”

TikToker Tiffany Yu speaks during a news conference on March 22, 2023 in Washington, DC. (Photo by ALEX WONG / GETTY IMAGES NORTH AMERICA / Getty Images via AFP)
TikToker Tiffany Yu speaks during a news conference on March 22, 2023 in Washington, DC. (Photo by ALEX WONG / GETTY IMAGES NORTH AMERICA / Getty Images via AFP)

Trump: ‘I’ll make TikTok decision’

Donald Trump had supported banning TikTok in years past but in recent months has signalled a change of heart.

In December, Mr Trump met TikTok CEO Shou Zi Chew at Mar-a-Lago.

He also said he had spoken to Chinese President Xi Jinping and thy had a “great talk about TikTok”.

Mr Trump’s lawyers had pressed the Supreme Court, unsuccessfully, to delay its ruling claiming that only he “possesses the consummate deal-making expertise, the electoral mandate and the political will to negotiate a resolution to save the platform while addressing the national security concerns expressed by the government”.

He acknowledged those national security concerns were “significant and pressing.”

It's unclear, however, how he can bridge that gap without forcing TikTok’s sale which ByteDance has said it won’t do.

Speaking to CNN on Friday, he had called for the law’s introduction to be delayed until he takes over the presidency on Monday.

“Congress has given me the decision, so I’ll be making the decision.

“It ultimately goes up to me, so you’re going to see what I’m going to do.”

Mr Trump also said he had spoken to Chinese President Xi Jinping and they had a “great talk about TikTok”.

But in the Supreme Court’s ruling, the judges specifically cited Mr Trump’s previous TikTok misgivings.

“President Trump determined that TikTok raised particular concerns, noting that the platform ‘automatically captures vast swathes of information from its users’ and is susceptible to being used to further the interests of the Chinese government,” the court wrote.

Incoming US President Donald Trump has said he wants to decided TikTok’s future. (Photo by Lionel BONAVENTURE and JIM WATSON / AFP)
Incoming US President Donald Trump has said he wants to decided TikTok’s future. (Photo by Lionel BONAVENTURE and JIM WATSON / AFP)

TikTok sues

The passing of the May law led ByteDance and several users of the app to use claiming nay removal of TikTok would amount to a suppression of free speech.

A lower court upheld the ban but the Supreme Court agreed to hear TikTok’s emergency request to either block or pause implementation of the law The Biden administration told the Supreme Court China could weaponise the app, including by manipulating its algorithm to prioritise certain content or by ordering parent company ByteDance to turn over vast amounts of user data compiled by TikTok on US users.

But TikTok’s lawyers said the platform and its owners should be entitled to the highest level of free speech protections under the US Constitution.

TikTok CEO Shou Zi Chew has met Donald Trump at Mar-a-Lago. (Photo by OLIVIER DOULIERY / AFP)
TikTok CEO Shou Zi Chew has met Donald Trump at Mar-a-Lago. (Photo by OLIVIER DOULIERY / AFP)

ByteDance argued it was not possible to divorce TikTok US from its Chinese parent due to the amount of back end source code and intellectual property that was shared.

The Supreme Court appeared to be sceptical to ByteDance’s arguments, reported Fox News.

“Exactly what is TikTok’s speech here?” Justice Clarence Thomas asked.

Attorneys for the president-elect also filed a brief with the Supreme Court last month, asking justices to delay any decision in the case until after Trump’s inauguration on January 20.

The brief did not signal how Trump might act, but cited his request for the court to pause the ban from taking effect until Trump’s inauguration.

-With Fox News

Originally published as TikTok to 'go dark’ within a matter of hours

Original URL: https://www.ntnews.com.au/technology/online/supreme-court-upholds-looming-tiktok-ban/news-story/7f9c05f13070be27d86ac45a55b4c2a5