A US official said that outgoing President Joe Biden will not enforce a law banning video sharing app TikTok, leaving the matter in the hands of US President-elect Donald Trump. A Biden administration official told ABC News that the 82-year-old president has decided to pass the matter to Trump. TikTok will breathe a sigh of relief with the news since Trump is not that inclined to ban the app.
It is important to note that the law which deals with the looming ban was cleared by both the US Senate and the House of Representatives. It was approved by Biden last year. The legislation compels TikTok’s parent company ByteDance to divest itself from the social media app by January 19. If the company fails to do so by the deadline, the popular app will be banned in the United States. TikTok is already banned in India.
An American ban would hit the app significantly since more than 170 million US nationals use TikTok monthly. In past, Trump has repeatedly expressed a desire to “save” TikTok. Earlier this week it was reported that the Republican president is planning to take an executive action which would delay the implementation of the sell-or-ban law of the ban for up to 90 days.
‘It’s up to the next administration’: White House
The White House official argued that since the deadline is on the weekend, it will be up to the next administration to implement the law. “Our position on this has been clear: TikTok should continue to operate under American ownership. Given the timing of when it goes into effect over a holiday weekend a day before the inauguration, it will be up to the next administration to implement,” a White House official told ABC News in a statement.
As per the law, if TikTok does comply with the orders, the US Justice Department is obligated to charge fines of up to $5,000 per user, which will be an enormous potential liability given the app’s popularity.
Hence, if both Biden and Trump say that they won’t enforce the ban, TikTok will still be liable to pay the fines as long as it is owned by ByteDance. Interestingly, both presidents have limited options in hand to stop the ban. As per the law, the president can grant a one-time extension and delay the ban for up to 90 days. However, the provision comes with three conditions:
TikTok must show it’s on a “path to executing” a divesture from its Chinese owner.
There should be “evidence of significant progress” toward a sale.
Progress must be sealed with “relevant binding legal agreements.”
At this point, the app showed no sign whatsoever that any of those conditions were being met.
The clock is ticking
Meanwhile, a group of Democrats in the House and Senate introduced a bill on Tuesday that would give ByteDance an additional 270 days to sell or divest from the social networking app. However, Republican Senator Tom Cotton, who is the chairman of the Senate Intelligence Committee, cited national security concerns in objecting to the move.
On Thursday, Senate Minority Leader Chuck Schumer criticised Cotton’s decision to reject a request by sponsor Senator Ed Markey for the Senate to unanimously approve the extension on Wednesday. “It’s clear that more time is needed,” Schumer said. “We will continue to work to find a responsible solution to keeping TikTok going, protect American livelihoods, and protect against Communist Chinese Communist Party surveillance. We must and can do all three,” he added.
Impact Shorts
More ShortsSchummer’s office maintained that he has spoken to Biden and appealed for an extension. However, the POTUS and several congressional leaders argued that the ultimatum against TikTok was necessary because of security concerns about ByteDance and its connections to the Chinese government.
Last month, Trump met with TikTok CEO Shou Chew at his Mar-a-Lago club in Florida. The TikTok executive is also expected to attend Trump’s inauguration ceremony on Monday, as the fate of the app now lies in the hands of Trump.
With inputs from agencies.