The incoming Trump administration and Biden administration sparred on Saturday over the status of TikTok and a possible ban on the service, after the video app said it would be forced to “go dark” on Sunday when a federal government law goes into effect force.
President-elect Donald J. Trump told NBC News that he will “most likely” find a way to give the company a 90-day extension when he takes office Monday “because it’s appropriate.”
On Saturday, the White House press secretary called TikTok’s claim that it would go dark “a stunt.” TikTok, in a statement late Friday, had called on the Biden administration to assure Apple, Google and other tech companies that they would not be punished for providing TikTok services in the United States.
“We have set out our position clearly and directly: actions to implement this law will be up to the next administration,” White House press secretary Karine Jean-Pierre said in a statement.
Despite the back and forth, TikTok’s fate was still unclear.
The company’s statement was the latest attempt to pressure the administration to grant it an extension from a law, upheld by the Supreme Court on Friday, that would effectively ban its service starting Sunday.
The law states that app stores and major cloud computing providers cannot provide TikTok to U.S. consumers unless the company is sold by its Chinese parent company, ByteDance, to a non-Chinese owner. Lawmakers introduced the measure last year over fears that Chinese ownership of TikTok posed a threat to national security.
TikTok provided no details about what would happen Sunday, including whether it would voluntarily shut down or simply stop working because it would lose access to the services it needs to stay online. The app boasts 170 million users in the United States.
The Biden administration had previously signaled that federal officials would not immediately take action against Apple, Google and other companies required by the law.
President Biden signed the TikTok ban bill into law in April after passing it through Congress with bipartisan support. Lawmakers said Beijing could pressure ByteDance to mine sensitive data on American users or influence TikTok’s content to serve the Chinese government’s interests.
TikTok has said the Chinese government has no role in the company and that it has spent billions of dollars to address U.S. security concerns. ByteDance is headquartered in Beijing and subject to Chinese control.
On Friday, the Supreme Court accepted the government’s national security rationale behind the law, with the majority opinion pointing to TikTok’s “size and susceptibility to foreign adversary control, along with the vast array of sensitive data collected by the platform.” .
Lisa Monaco, deputy attorney general, said in a statement after the Supreme Court ruling that the trial will take place “over time.” White House press secretary Karine Jean-Pierre said enforcement of the law would be up to the incoming Trump administration, which takes office on Monday.
TikTok said such comments were not enough to convince other companies that they would not run afoul of the law if they continued to distribute and maintain the app. These companies could face fines of up to $5,000 for each TikTok user who accesses the app in the United States after the ban goes into effect.
“The statements released today by both the Biden White House and the Department of Justice failed to provide the necessary clarity and assurance to the service providers who are integral to maintaining the availability of TikTok for more than 170 million Americans,” he said the company.
The loss of that user base would be significant, but it’s not the largest TikTok has ever suffered. In 2020, it was banned in India, where it had 200 million users. As in the United States, authorities in India cited national security concerns in their decision against TikTok.
Trump, who takes office on Monday, has previously indicated his support for TikTok and was considering an executive order to allow TikTok to continue operating in the United States.
But it’s unclear whether a Trump executive order could actually stop the ban. Legal experts have said he could order the Justice Department not to enforce the law, or to delay enforcement for a set period, but it is unclear how such an executive order would fare if challenged in court.
Trump could also find a buyer, which would allow him to extend the deadline by 90 days if a viable deal is on the table. But no clear buyers have emerged.
It was unclear what 90-day extension Trump was considering when he spoke to NBC News on Saturday.
“We need to look at it carefully. It’s a very serious situation,” he told NBC. If he gives the app a 90-day extension, “I’ll probably announce it on Monday,” he added.