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90 day reprieve?
TikTok’s see-sawing fates continued on Saturday as the clock ticked down to a midnight ban. In a new interview with NBC News, Trump said he is open to giving the platform a 90-day reprieve.
The caveats here are that he won’t do so until after the inauguration on Monday, January 20, a day after the ban goes into effect. Plus, he has not even fully decided that an extension is in order.
We know TikTok CEO Shou Chew is essentially putting all his money on Trump. The company made it clear that it’s received no assurances from the Biden Administration that they will not be fined if they continue operations tomorrow. There have been some statements from administration officials that the administration and US Department of Justice will not pursue penalties but it’s clear TikTok wants an official statement from the very top: outgoing President Biden. That seems unlikely to come today.
As it stands, no one is officially rescinding the ban that the US Supreme Court ruled on Friday should go forward. And so it probably will.
NEW: I talked to President-elect Trump in a phone interview this morning. He told me he will “most likely” give TikTok a 90-day reprieve from a potential ban in the U.S. after he takes office Monday, but no final decision has been made.More from my interview tomorrow on…January 18, 2025
At midnight ET TikTok may go dark. Some believe the feed will disappear from the app. Others believe the app might cease to open at all. No one is clear on exactly how what TikTok terms “go dark” will manifest on the platform.
In the meantime, TikTok is now flooded with goodbyes and takes on the impending ban, so much so that the traditional algorithm appears broken. Is it possible that nothing else can get through or is this just what 170 million users are posting?
Many TikTok users are focusing on the incongruity of the decision, noting that the US has gun control issues, healthcare problems, affordable housing issues. and other concerns that seem much more pressing, at least according to these users. Yet US politicians could never agree on doing anything about them. Banning TikTok? That was apparently a no-brainer.
Others have noted how congresspeople who supported and even drafted the ban appeared to have invested in US-based social media platforms at the same time this ban was being discussed.
Ever the creative bunch, TikTokers have crafted some truly memorable and clever goodbyes. It’s like they’re rushing out their best work before the platform that helped them build new lives goes dark.
TikTok might still survive but it now seems likely that first, it will shut down on January 19 only, possibly, to be resurrected by incoming President Donald Trump on the 20th. What he’ll ask of TikTok in return is anyone’s guess and, if the platform restarts, will 170 million people come flooding back or will they already have moved on?
@littledrownedrat
♬ original sound – Theresa Rowley
Uh oh… maybe we’re not in the clear
TikTok just dropped a bit of a bomb that set the clock ticking again on the ban watch.
Yes, we all know the Supreme Court denied TikTok’s claim but with President-Elect Trump’s obvious support in hand., many thought TikTok was in the clear or at least the ban would not go into effect.
Now TikTok has officially posted a rather dire statement making it clear that whatever assurances the Biden Administration and US DOJ have given on the Ban not being enforced, they were far from sufficient. Read for yourself.
“The statements issued today by 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 to over 170 million Americans.
Unless the Biden Administration immediately provides a definitive statement to satisfy the most critical service providers assuring non-enforcement, unfortunately TikTok will be forced to go dark on January 19.”
Sounds like unless Biden produces an executive order countermanding the Ban or at least extending it, TikTok thinks that the penalties tied to it will still go into effect on Sunday, January 19 and that it and its partners will be liable.
Guess the ball is now in Biden and the DOJ’s court.
Coping
The Supreme Court news wasn’t good. They didn’t strike down the ban or even demand an extension. The Justices basically said it does not rise to the level where the Court should intervene. But TikTok CEO Shou Chew’s message (in a TikTok) to President Trump makes it fairly clear he is in close contact with the incoming President and has high hopes that TikTok is about to be saved.
That’s positive news for TikTok fans, right?
But perusing the TikTok stream, it’s clear the message is not yet getting through to users who are still posting goodbyes and stunned reaction videos to the bad Supreme Court news. Some TikTokers who do recurring bits on the platform seem stuck. This guy above, Kit Lazer, regularly posts movie reviews (they’re great) but he’s been too stressed to post new reviews. He still thinks this could be his last TikTok, but also thinks that somehow the ban might be worked out in back rooms by the ultra-wealthy.
He might be right, and his most recent TikTok is worth a listen for a variety of not-specifically-TikTok-ban reasons.
@moviesaretherapy
♬ original sound – Kit Lazer
TikTok has finally commented after the Supreme Court’s denial of its ban appeal and these are probably not the words you were expecting.
Without directly addressing the ruling, TikTok CEO Shou Chew took to TikTok’s main account and posted a roughly minute-and-a-half-long video that basically thanked incoming President Donald Trump for his support.
“I want to thank President Trump for his commitment to find a solution that keeps TikTok available in the United States,” says Chew, which is the first public acknowledgment that they are working directly with Trump on a solution. Chew never mentions current President Joe Biden or the Supreme Court.
Instead, he continues on about Trump and how he is supporting TikTok, calling Trump’s position a “strong stand for the First Amendment and against arbitrary censorship.”
The video is basically a love-letter to the soon-to-be two-time President and that may be because that’s how the President prefers it, especially if he’s going to “save” TikTok in the US..
Chew adds, “We are grateful and pleased to have the support of a President who truly understands our platform. One who has used TikTok to express his own thoughts and perspectives, connecting the world and generating more than 60 billion views of his content in the process.”
Again, highlighting Trump’s performance on the platform seems to be about massaging the politician’s ego.
The next bit, though, is important because it’s the first indication that TikTok sees a window to keep the platform running here well into 2030.
“To all American users, we will do everything in our power to ensure our platform thrives as your online home for limitless creativity and discovery, as well as a source of inspiration and joy for years to come.”
What we do not have here are any details of how a Trump exec order on Jan 20 (Inauguration Day in which Chew will be in attendance) might work and if it will rescind the ban or just kick the deadline down the road.
@tiktok Our response to the Supreme Court decision.
China’s on the call
While no one, including TikTok, has commented on the Supreme Court ruling, there was some action right before the Justices upheld the ban.
TechCrunch reported that incoming president Donald Trump had a call with China President Xi Jinping about a whole raft of Chinese/US relation issues, including TikTok right before the ruling dropped.
No word on the contents of that call aside from Trump promising, according to TechCrunch to make his final TikTok decision in the “not too distant future.”
Compared to international trade and cyber espionage issues, banning TikTok might seem like small potatoes but keeping or losing TikTok in the US might impact how 170 million Americans feel about Chinese/US relations.
Supreme Court: the US Government was ‘justified’
Now that we’ve had a bit of time to read through the ruling, it’s clear that the Justices see TikTok as more than just another social media company operating on US shores. The justices have no illusions about the data-collection practices of other, similar platforms.
“Data collection and analysis is a common practice in this digital age. But TikTok’s scale and susceptibility to foreign adversary control, together with the vast swaths of sensitive data the platform collects, justify differential treatment to address the Government’s national security concerns.”
Essentially, the Justices wrote that any other company without such a connection to a foreign adversary would’ve warranted a closer look at the provisions of this ban. TikTok’s relation to China automatically puts it in a different class of company and they rejected TikTok’s call for more scrutiny.
The Supreme Court is also aware of TikTok’s place in the US and how more than half of the country is on the platform using it as “a distinctive and expansive outlet for expression, means of engagement, and source of community.”
Ultimately, though, they appear to side with US Congress that “divestiture is necessary to address its well-supported national security concerns regarding TikTok’s data collection practices and relationship with a foreign adversary.”
Now TikTok’s fate rests in the hands of two Presidents: one outgoing and one incoming. The next 72 hours should interesting.
The US Supreme Court rules against TikTok
In a largely expected decision, US Supreme Court Justices ruled against TikTok’s efforts to stall or kill the ban based on First Amendment principles.
In their ruling [PDF], the judges wrote: “we conclude that the challenged provisions do not violate petitioners’ First Amendment rights.”
While the decision would appear to leave TikTok and parent company ByteDance out of options, we know that there’s now a flurry of activity to “save” TikTok from the very same people who sought to ban it.
Incoming President Donald Trump wants to save it and could take action as soon as he enters office. Outgoping President Joe Biden’s administration now says that they won’t enforce the ban, which means there will be no fines or other actions of TikTok does not immediately comply.
But that doesn’t stop the ban from being a thing and ByteDance from removing the app from US app stores in a fit of understandable pique.
This show is still far from over.
Is the chill is fading?
While TikTok executives are exuding extreme chill when it comes to the potential ban, the rank-and-file TikTok employees might be feeling the pressure, at least a little bit.
Jess Puro, a Client Solutions Manager at TikTok posted a short TikTok this week with the caption, “walking into work at TikTok this week…”
In the video, Puro strolls into what appears to be TikTok headquarters in Texas and waves at a coworker who is getting a beverage. Puro says a tentative “Hey” and the coworker offers an equally tentative “hey” back. The next shot is of Puro sitting hugging a TikTok logo plushy while she asks the coworker, “How ya all doin?'”
Her tone is hopeful but there’s something else there, too. Take a look and see what you think while we wait for the SCOTUS ruling.
@jnpuro
♬ original sound – Ellies discord kitten
Back to Google?
You know who might cheer the possible TikTok ban? Google.
Last year, NiemanLab reported that 40% of Gen Z is using TikTok (and Instagram) as their primary search tool. This data apparently came from inside Google.
TikTok has a hold on teens and young adults not just for entertainment. They use it as a search engine to find and learn things and connect with products and even brands. It’s also a news source. Why Google Search when you can TikTok? Why spend time scanning traditional media for news when it can be spoon-fed to you in the form of entertainment?
The loss of TikTok could send Gen Z back to Google but it’s just as likely they’ll find other information sources, though I’m not sure I’d recommend RedNote, despite its sudden rockstar status.
Chris Brownlee, VP of Product at Yext, a brand presence platform company, sent me these thoughts about the future of search and suggestions to brands for discoverability on other platforms:
“Apps like RedNote are reporting a surge in downloads, while many users are turning to Instagram Reels, YouTube Shorts, Reddit, and review sites as alternative ways to find information. Not forgetting the growing wave of AI-powered search, from Open AI’s SearchGPT to Google’s Gemini.
Even if TikTok goes offline, or the ban is temporary, search behavior is already changing. What continues to be most crucial for brands is that wherever and however consumers ‘find’ them, the information on that platform is accurate.”
Justices could rule at 10AM ET
Today’s the day or sort of the day. It’s the US Supreme Court’s last chance to rule on the TikTok ban. The social media company’s chances with the justices were never good. Its First Amendment argument was thin, at best.
Even so, this should be the day if the judges plan to rule. The word could come as early as 10AM ET, and there are now signs that they will do just that. Once the Justices deliver the expected ruling against ByteDance and TikTok, it’s back to options B and C for the platform.
The most likely path forward for TikTok is the Biden Administration’s apparent plan to act like the ban is not in effect and not penalize anyone, including ByteDance.
ByteDance, though, may still pull the app from the App Store until a ban is officially rescinded. And it’s not clear that will ever happen.
The Supreme Court has signaled that it will rule on the TikTok ban at 10 a.m. ET today pic.twitter.com/lBCkWpa1O1January 17, 2025
RedNote continues to have its moment
In the midst of all the TikTok uncertainty – we’re still waiting for the US Supreme Court’s decision on whether to uphold the ban – RedNote continues to be the epicenter of a strange cultural moment.
I’ve downloaded the app and its Trending tab is naturally all about Chinese and American influencers seeing the lighter side of looming ban, and largely mocking its motivations. So-called ‘TikTok refugees’ are greeted by Chinese language lessons and the inevitable reaction videos.
Many US users are openly saying they’re on RedNote out of spite and that their government’s interventions are worthy of trolling. RedNote is definitely an ‘interesting’ place right now, but from what I’ve seen there’s no way it’ll become a TikTok replacement.
The latest noises from the Trump camp suggest they’ll be using the law’s 90-day extension clause (triggered if ByteDance shows it’s moving towards a sale) to prevent TikTok from going dark on January 19. Whether or not that’s actually possible is something we’ll hopefully find out soon…
What if we don’t collect?
NBC News is now reporting that the Biden Administration’s plan is to not collect fines when the TikTok ban officially goes into effect on January 19.
This means that while the ban will be real, there will be no penalties to any third party for, say, hosting the app on their platform. Apple’s App Store could keep hosting it without worry. Oracle could keep hosting the data without concern.
If this happens, it leaves time for incoming President Trump to make a new executive order that either gives TikTok an extension or maybe rescinds the whole thing.
None of this is confirmed by White House officials or TikTok. In fact, since ByteDance might still react to the ban going through by pulling its app from US services, Biden’s possible actions might not matter.
There’s also the question of the Supreme Court ruling on whether or not the ban violates TikTok’s First Amendment rights. The lack of a penalty would make that potentially moot.
As usual, nothing is certain and the clock is still tick-tocking.
@nbcnews
♬ original sound – nbcnews
Tell us how you really feel, Tom
That Senator Markey Act seeking to save TikTok I mentioned earlier was swiftly blocked late Thursday afternoon by another legislator, Senator Tom Cotton, who called TikTok a “Chinese Communist spy app that addicts our kids, harvests their data, targets them with harmful and manipulative content and spreads communist propaganda.”
Clearly Cotton is no fan (though it also sounds like he’s never been on the app). He added this denouement which more else less sealed the fate of Markey’s bill: “Let me be crystal clear, there will be no extensions, no concessions, and no compromises for TikTok”
Republican Senator Tom Cotton blocking an attempt by Senator Ed Markey to extend the deadline for TikTok: Let me be crystal clear, there will be no extensions, no concessions, and no compromises for TikTok pic.twitter.com/XzLPfH755jJanuary 16, 2025
On brand
If you can’t keep making TikToks (eventually) you make hay, and by hay, I mean a bit of marketing magic. I noticed at least one savvy brand jumping into the TikTok ban fray with a short but clever take.
Wendy’s, the fast food burger chain, hopped on X (formerly Twitter) with a brief post about the state of two tech franchises.
“Can’t believe we’re getting TikTok ban before gta 6,” posted Wendy’s referring to both the impending ban and our very long wait for Grand Theft Auto 6.
According to the latest reports, the fast-paced open-world game won’t arrive until much later this year. That’s 12 years after the last edition. That long wait is what makes Wendy’s tweet so, so funny.
I’ll be keeping an eye on the socials to see what other brands do.
I don’t know about the rest of you but my TikTok usage has skyrocketed in recent days. I think I’m subconsciously trying to consume all of it before it’s gone.
This means I am seeing every single goodbye. The angry ones (a lot), the funny ones (a close second), and the heartbreaking sad ones. People crying, wondering if they can rebuild the community elsewhere.
When I talk about TikTok disappearing, a common refrain is, “So what, people will just go elsewhere and soon forget TikTok ever existed.” They’re only partially correct. It is easy to join Instagram and post Reels, or do the same with YouTube Shorts, but community and audience building takes considerable effort and time, sometimes years.
I think back to when Vine (the 6-second video platform bought by Twitter) shut down. It was devastating and, yes, many former Viners ended up on TikTok but it took years for it to feel like a true – and even better – replacement.
If and when TikTok goes dark in the US, there will be a period of mourning. So allow me these last scrolls; I want to have something to remember TikTok by.