As the deadline for TikTok’s potential ban looms, both President Joe Biden and the incoming President Donald Trump have crucial opportunities to intervene and prevent the popular social media app from disappearing from U.S. app stores. The fate of TikTok hinges on a new law that mandates its Chinese parent company, ByteDance, to sell the app to an American buyer by Sunday. If not, the app faces a ban.
This law, which has been upheld by the U.S. Supreme Court, grants the president the authority to extend the deadline by up to 90 days, provided there is tangible progress toward a sale, such as binding legal agreements. This gives President Biden, with just days remaining in office, an opportunity to grant ByteDance a temporary reprieve if any agreements are on the table. Legal experts suggest that a simple “term sheet” between ByteDance and a prospective buyer could meet the necessary criteria, offering TikTok a chance to stay operational for the time being.
However, Biden’s efforts to extend the deadline face challenges. Without a clear buyer in sight, granting an extension may prove difficult. Additionally, Trump, now the president-elect, could use his power to further delay the ban by directing the Justice Department to deprioritize enforcement of the law. This approach could give Congress time to devise new legislation, allowing ByteDance additional months to find an American buyer. But such a move could create significant legal challenges, especially for tech giants like Apple and Google, who might be caught between complying with the law and defying the government.
For Trump, the path to keeping TikTok active could involve invoking national security powers. He could issue an executive order under the International Emergency Economic Powers Act, arguing that TikTok’s continued availability is essential for national security. This creative approach would give tech companies like Apple and Google permission to keep TikTok in their app stores, sidestepping legal penalties. However, such a move would likely spark legal and political controversies, as it would effectively circumvent Congress’s authority.
Despite these options, TikTok’s future in the U.S. remains uncertain. While both Biden and Trump have potential tools at their disposal to delay or prevent the ban, the clock is ticking. The next few days could determine whether TikTok remains a fixture in the U.S. or becomes a casualty of geopolitical tensions.
