Unless a miracle happens, TikTok’s days are numbered in the US. The famous video application is about to be removed from Google Play and App Store if its parent company Bytedance does not sell it and runs out of ammunition. And just a few days ago, TikTok requested a stay on the law calling for its removal, but the federal court rejected it. The next option is the Supreme Court, but there are few guarantees.

The question is: How did we get here and what happened that if nothing changes, TikTok will disappear from the United States on January 19th.

United States vs TikTok. The origin of this whole issue is based on a concept as basic as “national security”. In 2020, the United States government (with Trump in the White House) believed that TikTok, owned by a Chinese company (Bytedance), posed a risk due to the app collecting user data, which it shared with the Chinese government. Additionally, Trump claimed that the Chinese government controlled the company, but this claim was denied by TikTok. In any case, Trump was clear: TikTok needed to be banned.

But there was a possible solution: for Bytedance to sell part of the application to an American company, which in principle would happen. Microsoft appeared to be a potential buyer, but TikTok eventually backed out. This was because its executives were concerned about possible opposition to the sale from the Chinese government. That’s why Bytedance said it would rather shut down the app than have to sell it.

Biden arrives (and with him comes more legislation). In June 2021, Joe Biden signed Executive Order 14034, also known as “Protecting Americans’ Sensitive Data from Foreign Competitors,” thus banning the sale of U.S. user data to foreign companies, including TikTok. In December 2022, Biden signed the “TikTok Ban on Government Devices Act,” which bans the app on government-owned devices. In March 2023, the Department of Justice and the FBI launched an investigation into TikTok for allegedly spying on American journalists… Things were getting ugly for TikTok.

March 13, 2024. That day, the USA started to corner TikTok. That day, the government signed the “Protecting Americans from the Controlled Practices of Foreign Adversaries Act,” a law that would ban TikTok nationwide unless Bytedance sold it. This law was signed by Joe Biden on April 24, 2024, and actually attacks app stores directly.

The mechanism of the blocking, explained by the New York Times, is that the federal government can impose sanctions if a store such as the Google Play Store or App Store distributes or updates TikTok. Operators and companies like Oracle, which hosts TikTok in the United States, will also have to assist in this mission of not distributing or updating. The blockade will preliminarily come into force on June 19, 2025, but there is still a faint, very faint light at the end of the tunnel.

Image | Feast Feyissa

TikTok’s defense. The application defended itself and asked for the law to be stopped, but judges rejected the request just a few days ago on December 6. On December 9, TikTok spent its penultimate bullet: an emergency injunction to delay the law’s entry into force. Two days ago, a federal court rejected it.

The defense initially argued that the blockade violated the First Amendment of the U.S. Constitution (no law can limit free speech), but the court said “the law satisfies the requirements of the First Amendment under intense scrutiny.” . So the blockade still continues.

In its petition, TikTok stated that it plans to appeal to the Supreme Court, touching on the possibility that it might want to change its mind now that Trump, who started all of this, has emerged as TikTok’s savior. In each case, the request was denied. According to TikTok:

“As we have previously stated, we plan to take this case to the Supreme Court, which has a well-established record of protecting Americans’ right to free speech. The voices of more than 170 million Americans will be silenced here in the United States and everyone else. Unless the TikTok ban is stopped, January 19, 2025′ here.”

Image | Feast Feyissa

Trump changes his position. Donald Trump is responsible for setting this entire process in motion. he said during the election campaign He said he would “save TikTok.” Like? It is unknown because he cannot lift the law that imposes the ban on his own. I would encourage Congress to listen to TikTok and broker a negotiation, but the situation is complicated.

What will happen to those who download TikTok? The app will most likely remain installed and running on the devices, but sooner or later it will crash. There will be bugs that will hinder its use, there will be no local content left, and the app will gradually lose its current shine. The clear winners were Instagram and YouTube, American companies that own the main alternatives to TikTok.

Cover image | Cottonbro Studio

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