The company that owns TikTok goes to the U.S. Supreme Court on Friday in an attempt to fend off a new law that will lead to a ban of the wildly popular social media app later this month.
The law would prohibit companies like Apple and Google from making TikTok available to users in the United States unless its Chinese parent company, ByteDance, sells it.
The ban is scheduled to go into effect on January 19, the day before Donald Trump's inauguration as president.
The U.S. Supreme Court is reviewing ByteDance's latest attempt to strike down the ban as unconstitutional.
Here's what you need to know.
Why do US lawmakers want to ban TikTok?
The U.S. government views China's ownership of TikTok as a “serious national security threat” because the Chinese government has the power to force ByteDance to hand over user data and out of fear that China could use TikTok's powerful algorithm to spread disinformation.
“TikTok's trove of sensitive data on 170 million Americans and their contacts makes it a powerful espionage tool, and TikTok's role as a key communication channel makes it a powerful weapon in covert influence operations,” she wrote in her post. report by US Attorney General Elizabeth Prelogar. AND government brief to court.
The government argues that the bill is not intended to restrict users' free speech but instead seeks to end a foreign adversary's control over TikTok.
How would a ban work?
The law would ban TikTok in the US unless ByteDance relinquishes ownership of the app and sells it to a non-Chinese company by January 19.
Makes it illegal to “distribute, maintain or update” the app in the US and carries the threat of stiff financial penalties of up to $5,000 per user against anyone breaking the law.
This means that it won't immediately affect anyone who has already downloaded TikTok, but app stores will no longer be able to offer TikTok in the US, and users will not be able to get updates or newer versions of the app.
Congress passed the bill last year with strong bipartisan support in both the House and Senate, ahead of President Joe Biden he signed it to the right.
The US House of Representatives has passed a bill that would lead to a nationwide ban on TikTok if its Chinese parent company, ByteDance, does not sell it. However, the bill is likely to encounter a blockade in the Senate.
What will the Supreme Court case depend on?
The case comes down to a clash between two fundamental principles of American law: the First Amendment right to free speech and the government's authority to determine national security concerns, said Gus Hurwitz, academic director of the U.S. Center for Technology, Innovation and Competition. Carey Law School of Pennsylvania in Philadelphia.
Hurwitz said ByteDance's position is that the intended effect of the new law is to prevent the company from talking to Americans.
“The company is making a pretty simple First Amendment-style argument here that it is a speech platform and that in many respects it is no different than a newspaper or a magazine or any other website,” Hurwitz said in an interview with CBC News.
Freddy Tran Nager, associate director of the digital social media program at the University of Southern California at Annenberg, said ByteDance's argument is “a little weak.”
“This legislation does not ban TikTok based on its content,” Nager said in an interview. “Concerns surround data privacy, particularly data of American citizens.”
Can the US legally force a change of ownership on TikTok?
The United States has a long history of restricting foreign ownership of broadcasters such as radio stations and television networks, but limiting ownership of social media platforms is a new frontier.
Kate Ruane, director of the Free Speech Project at the Center for Democracy and Technology in Washington, called the law unprecedented.
“Banning an entire speech platform in the United States is a constitutional violation of the highest order,” Ruane said in an interview.
“It prevents TikTok's 170 million users from using their chosen medium to communicate online in a way that has nothing to do with the concerns expressed by the government,” she said.
The ban could be avoided if ByteDance begins negotiations to sell the app to a non-Chinese owner, but the company has given no indication that this will happen.
TikTok is suing the U.S. government over a law that bans the Chinese-owned app unless it is sold to another company. Andrew Chang breaks down TikTok's legal argument and explains why he claims his First Amendment rights are being violated.
What is the timeline for the ruling?
The Supreme Court agreed with expedited hearing matters, taking into account the upcoming date of entry into force of the act on January 19.
“I expect that if the court sides with TikTok, we will hear it very soon” — probably next week, Hurwitz said. “If an injunction is not issued immediately… I would interpret this silence to mean with a high degree of certainty that the court will rule against TikTok.”
What will happen when Donald Trump takes office?
Trump's inauguration will take place on January 20, the day after the ban is scheduled to go into effect. After advocating for a ban on TikTok during his first term, it happened changed his tune. Trump now wants the law stopped, and his lawyers have filed a motion “friend of the court” brief. on his behalf before Friday's hearing.
“President Trump opposes a ban on TikTok in the United States at this stage and is seeking opportunities to address ongoing issues through political means once he takes office,” the document reads.
Nager said he suspects the incoming Trump administration “would like to see TikTok be part of a larger package of negotiations (with China), whether it be tariffs, other imports or other military agreements.”
Hurwitz said Trump could issue an executive order delaying enforcement of the law, but added that in the long run it is unlikely the new president will use political capital to try to invalidate the law when so many Republican lawmakers are adamantly opposed to Chinese ownership of the app.
Will Canada have an impact?
The ban on distributing TikTok only applies to entities in the US
Separately, the federal government ordered TikTok in November stop running a business in Canada, but this does not limit the availability of the application.