TikTok's Fate Hangs in Balance as Biden Administration Defers Ban to Trump

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TikTok's Fate Hangs in Balance as Biden Administration Defers Ban to Trump
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The outgoing Biden administration will not enforce a TikTok ban set to take effect on Monday, leaving the app's future in the hands of incoming president Donald Trump. Congress mandated TikTok's China-based parent company ByteDance to divest ownership by January 19th, but the Biden administration is deferring implementation to Trump. While the Supreme Court is poised to uphold the law requiring ByteDance to sell TikTok, Trump has expressed his intention to protect user data and explore a deal to keep the platform operational.

President Joe Biden will not enforce a ban on the social media app TikTok that was set to take effect a day before his departure from office on Monday, according to a U.S. official. This decision leaves the fate of TikTok in the hands of president-elect Donald Trump . Congress, through a law signed by Biden last year, mandated that TikTok’s China-based parent company, ByteDance, divest its ownership of TikTok by January 19th, a day before the presidential inauguration.

The official, speaking anonymously to discuss internal Biden administration thinking, stated that the outgoing administration is deferring the implementation of the law, and consequently, the potential enforcement of the ban, to Trump's incoming administration. TikTok CEO Shou Zi Chew is anticipated to attend Trump’s inauguration and will be given a prominent position on the dais. This signals that the incoming administration might take measures to prevent TikTok from being shut down. Incoming national security advisor Mike Waltz indicated on Thursday to Fox News Channel’s “Fox & Friends” that the federal law which could ban TikTok by Sunday also “allows for an extension as long as a viable deal is on the table.” The effort to save TikTok, much like the movement to ban it in the U.S., has transcended partisan lines. Senate Democratic Leader Chuck Schumer stated that he spoke with Biden on Thursday to advocate for extending the deadline to ban TikTok. “It’s clear that more time is needed to find an American buyer and not disrupt the lives and livelihoods of millions of Americans, of so many influencers who have built up a good network of followers,” Schumer said on Thursday on the Senate floor. Democrats had attempted on Wednesday to pass legislation extending the deadline, but Republican Sen. Tom Cotton of Arkansas blocked it. Cotton, chair of the Senate Intelligence Committee, argued that TikTok has had sufficient time to find a buyer. “TikTok is a Chinese Communist spy app that addicts our kids, harvests their data, targets them with harmful and manipulative content, and spreads communist propaganda,” Cotton stated.The Supreme Court recently heard arguments in a legal challenge to the statute brought by TikTok, its China-based parent company ByteDance, and users of the app. Justices appeared likely to uphold the law, which mandates ByteDance to divest TikTok on national security grounds or face a ban in one of its biggest markets. “If the Supreme Court comes out with a ruling in favor of the law, President Trump has been very clear: Number one, TikTok is a great platform that many Americans use and has been great for his campaign and getting his message out. But number two, he’s going to protect their data,” Waltz said on Wednesday. “He’s a deal maker. I don’t want to get ahead of our executive orders, but we’re going to create this space to put that deal in place,” he added.Separately on Wednesday, Pam Bondi, Trump’s nominee for attorney general, evaded a question during a Senate hearing regarding whether she would enforce a TikTok ban. Trump has previously reversed his stance on the popular app, having attempted to ban it during his first term over national security concerns. He utilized TikTok during his 2024 presidential campaign and his team leveraged it to connect with younger voters, particularly male voters, by pushing content that was often macho and geared towards going viral. He pledged to “save TikTok” during the campaign and has attributed the platform with assisting him in securing more youth votes

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