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TikTok says it will ‘go dark’ in US on Sunday unless Biden acts

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TikTok says it will 'go dark' in US on Sunday unless Biden acts

TikTok says it “will be forced to shut down on January 19” in the United States unless the Biden administration assures service providers that it will not enforce a law banning the Chinese-owned social media app that was confirmed by the US Supreme Court on Friday. .

The nine justices voted unanimously in a decision that agrees with the majority of the US Congress and the US Department of Justice that the popular social media app is a threat to US national security.

“We conclude that the challenged provisions do not violate petitioners’ First Amendment rights,” the judges wrote. “The ruling of the United States Court of Appeals for the District of Columbia Circuit is affirmed.” In December, a Washington, D.C., appeals court upheld the ban.

This means that TikTok, used by 170 million people in the United States, will no longer be available for download in app stores starting Sunday unless it is sold to an owner in the United States, a move that has been denied to give

“There is no doubt that, for more than 170 million Americans, TikTok offers a distinctive and broad outlet for expression, a means of engagement, and a source of community,” the ruling reads.

TikTok initially responded to the ruling by posting a video featuring CEO Shou Zi Chew on its official account. “On behalf of everyone at TikTok and all of our users across the country, I want to thank President Trump for his commitment to working with us to find a solution that keeps TikTok available in the United States,” Chew said. Donald Trump has vowed to “save TikTok.”

Chew said Trump’s pledge “is a strong stand for the First Amendment and against arbitrary censorship” and that he was “grateful and pleased to have the support of a president who truly understands our platform.”

In a statement Posted on Friday night, TikTok said the Biden administration’s vague assurances that it would leave law enforcement to the incoming Trump administration were not good enough.

“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 companies like Apple and Google, which make the app available to Americans and could be liable for thousands of millions of dollars in fines under the law.

“Unless the Biden administration immediately provides a definitive statement to satisfy the most critical service providers by ensuring non-compliance, TikTok will unfortunately be forced to shut down on January 19,” the company said.

The US Department of Justice maintained its position that TikTok is a threat to national security and praised the Supreme Court ruling for protecting the country against foreign adversaries.

“The court’s decision allows the Justice Department to prevent the Chinese government from using TikTok as a weapon to undermine the national security of the United States,” said Merrick Garland, the attorney general. “We welcome today’s decision by the Supreme Court. “The justice department has long warned of the harm to national security from the PRC’s control of TikTok.”

Lawmakers who pushed for the ban say TikTok, owned by Chinese company ByteDance, has the potential to be used as a weapon by the Chinese Communist Party. They say China could use the app to manipulate and control Americans by spreading propaganda and disinformation. The Supreme Court ultimately agreed.

In their ruling, the Supreme Court justices wrote that the app’s connection to Beijing was sufficient reason for the ban: “Congress has determined that divestment is necessary to address its well-founded national security concerns regarding the practices.” of TikTok data collection and its relationship with a foreign adversary. “

The ban has sparked widespread outcry from creators, First Amendment advocates, and civil liberties groups. They say banning the app amounts to censorship and sets a dangerous precedent in the United States.

TikTok has the option to divest or sell its assets to a non-Chinese company. But he has said in legal filings that divestment “simply is not possible: neither commercially, nor technologically, nor legally.”

The Supreme Court heard oral arguments in the case last week. The justices spent much more time questioning TikTok about why it believes it should have First Amendment rights than they did questioning government lawyers about national security concerns. Noel Francisco, a lawyer for TikTok, argued that the ban was not about China and security issues, but rather that “the government’s real goal is the speech itself.”

Justice Sonia Sotomayor disagreed with that idea. He said the government should be able to tell when there is a threat and block it. “We have the right to say ‘you can’t do that, you can’t talk,’” he said.

Last month, Trump filed an amicus brief, or “friend of the court” brief, with the Supreme Court asking the justices to lift the ban. He said he has the “consummate negotiation experience” to reach a deal between TikTok and US lawmakers.

Trump told CNN on Friday: “Ultimately, it’s up to me, so you’ll see what I’m going to do. Congress has given me the decision, so I will make the decision.”

Once he takes office on Jan. 20, the day after the ban takes effect, Trump will have the option of ordering the Justice Department not to enforce the law. He is also reportedly exploring an executive order to pause the ban for 60 to 90 days.

Joe Biden’s press secretary said in a statement that the president’s position on TikTok “has been clear for months”: that TikTok should be available to people backed by an owner who does not pose a security threat.

“TikTok should continue to be available to Americans, but simply under U.S. ownership or other ownership that addresses the national security concerns identified by Congress in developing this law,” he said. “Given the mere fact of the moment, this Administration recognizes that actions to implement the law must simply fall to the next Administration, which will take office on Monday.”

Justice Neil Gorsuch wrote in his concurring opinion that “what might happen after TikTok remains unclear,” alluding to the possibility that Trump will not enforce the ban.

Gorsuch expressed reservations about the law, although he voted to keep it.

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