The Biden administration has confirmed that it will not enforce a ban on TikTok when a law takes effect on Sunday, leaving the decision to the next president. While TikTok may choose to shut down voluntarily to illustrate the consequences of the ban to its millions of U.S. users, the White House has clarified that the law’s enforcement will be left to the incoming administration.
A White House official stated, “TikTok should continue to operate under American ownership,” emphasizing that the timing of the law’s activation, just before the inauguration, makes it the responsibility of the next president to act.
Potential Liability for Tech Companies
Although TikTok itself is not required to shut down immediately, tech companies supporting the app could face major consequences. Under the new law, companies like Apple, Google, and Oracle could be fined up to $5,000 per TikTok user if they continue to provide services to the app, which remains owned by ByteDance, its Chinese parent company.
These companies have not disclosed their plans regarding the law, leaving the tech world in limbo. Even if President Biden or President-elect Trump opt not to enforce the ban, these tech giants could still be held accountable.
Presidential Powers to Delay the Ban
The law offers a slim chance for the president to delay the ban for up to 90 days, but only if certain conditions are met. TikTok would need to show clear evidence of divesting from ByteDance, make significant progress toward a sale, and secure binding legal agreements. As of now, these requirements have not been met, reducing the likelihood of an extension.
Congressional Push for More Time
A group of Democratic lawmakers recently introduced a bill that would grant ByteDance an additional 270 days to sell TikTok. However, the proposal faced resistance from Senate Republicans, with Senator Tom Cotton blocking the effort on national security grounds.
Senator Chuck Schumer expressed frustration, calling the decision “stunning” and emphasizing that more time is necessary to protect American interests and prevent surveillance by the Chinese government. Schumer also confirmed that he had appealed directly to President Biden for an extension.
Biden’s Support for the Ban
The ban is part of the Protecting Americans from Foreign Adversary Controlled Applications Act, included in a larger foreign aid package approved by Congress in April 2024. The Biden administration argues that the law is necessary to protect U.S. citizens from the security risks posed by TikTok’s Chinese ownership.
Trump’s Shifting Stance on TikTok
Donald Trump, who previously sought to ban TikTok during his presidency, has changed his position. In his 2024 campaign, Trump expressed support for the app, calling it a valuable tool for connecting with young voters. He even met with TikTok CEO Shou Chew at his Mar-a-Lago resort in December, and sources suggest Chew will attend Trump’s inauguration on Monday.
Trump’s spokesperson, Florida Representative Mike Waltz, confirmed that Trump is exploring ways to “preserve” TikTok, including the possibility of executive action.
Trump Considering Executive Order
Reports suggest that Trump may issue an executive order to suspend enforcement of the TikTok ban. Waltz explained that Trump values the app for its popularity among Americans and its role in his political success. However, he also stressed that Trump would work to ensure users’ data remains protected.
“He’s a deal maker,” Waltz said, hinting that the incoming administration may create space to negotiate a solution for TikTok’s future in the U.S.
