Trump's team could intervene to save TikTok from the imminent ban in the US

The incoming administration of President-elect Donald Trump has signaled that it plans to try to find a way around the imminent ban of TikTok in the US.

A law making the social media app TikTok illegal in the United States goes into effect on Sunday, so President-elect Donald Trump's incoming administration is signaling that it plans to try to find a way to prevent the service from going down. .

Under current law, the service's parent company, China-based ByteDance, must sell TikTok to a non-Chinese company or else it will be banned in the US.

Rep. Mike Waltz, who has been tapped to serve as Trump's national security adviser, told Fox News on Thursday that the president-elect has options available to postpone enforcement while he works on a potential deal to sell the company. . That includes a section of the law that allows the president to give ByteDance a 90-day extension to finalize a sale.

“We will implement measures to prevent TikTok from going down,” Waltz said, “as long as there is a viable deal on the table. Basically, that gives President Trump time to keep TikTok up and running.”

Executive action is being considered

Also on Wednesday, multiple media outlets reported that Trump is considering issuing an executive order that would protect TikTok.

The legality of such a move is unclear and is further called into question by the fact that the Supreme Court is about to rule on a request by the company to overturn the law.

The high court heard arguments in the case last week and is expected to hand down a ruling shortly. The result is not certain. However, in oral arguments, most justices appeared to favor upholding the law.

Trump's attitude toward TikTok has evolved considerably over the years. During his first term, he tried to close the service in the US. However, he has since used the service, with considerable success, to connect with his supporters.

At a news conference in Florida last month, Trump said, “I have a warm place in my heart for TikTok,” and credited the app with helping him get his message to younger American voters.

Trump has denied that his change of heart on TikTok was influenced by a brief meeting in March with Republican mega-donor and ByteDance investor Jeff Yass. Lobbying disclosure reports from 2024 show that ByteDance paid a former Trump campaign aide to lobby lawmakers in Washington for TikTok, and that Trump's former top aide Kellyanne Conway was paid to advocate TikTok in Congress through the Yass-funded conservative group Club for Growth.

Trump also said that TikTok was not mentioned during his meeting with Yass.

Economic concerns

In the years since TikTok took off, thousands of US-based content creators have developed large audiences on the app and, in many cases, have been able to monetize their TikTok feeds.

Many small businesses have found success advertising their products to TikTok users. Other TikTok personalities have parlayed fame on the app into broader celebrity status that has led to lucrative product endorsements and other deals.

Some members of Congress have expressed concern that abruptly shutting down the app could have economic consequences.

On Monday, Democratic Senator Edward Markey introduced legislation that would delay the TikTok ban for 270 days.

“Let me be clear: TikTok has its problems,” Markey said in a statement released by his office. “Like all social media platforms, TikTok poses a serious risk to the privacy and mental health of our young people. I will continue to hold TikTok accountable for that type of behavior. But a ban on TikTok would impose serious consequences on millions of Americans who rely on the app for their social connections and their economic livelihood. We can't let that happen.

The feasibility of the sale is unclear

As Sunday's deadline approaches, several rumors have emerged about a possible sale of the company. Bloomberg reported Wednesday that Chinese officials were considering selling the service to billionaire Elon Musk, a close Trump adviser who already owns social media service X, formerly Twitter.

Another American billionaire, real estate developer Frank McCourt, told Reuters on Thursday that a consortium of investors he had formed had already made a formal offer to buy TikTok, valuing the service at $20 billion.

However, it is far from clear that a sale is something the Chinese government is willing to allow. Any sale worth the buyer's investment would have to include the “recommendation engine,” TikTok's name for the algorithm that makes the service so popular and, many would say, addictive.

In a court filing last year, TikTok called such an agreement unavailable.

“Just as the United States restricts the export of technologies of American origin (for example, certain computer chips), the Chinese government regulates the transfer of technologies developed in China,” the company argued in a court filing. “The Chinese government has made clear in public statements that it would not allow a forced divestment of the recommendation engine.”

Privacy and national security concerns

TikTok, a popular short video sharing service, has approximately 170 million users in the United States. Federal officials have been concerned about TikTok for years because it collects large amounts of information about its user base. They have argued that Chinese laws forcing domestic companies to cooperate with intelligence agencies could be used to force the company to share that data with the Chinese Communist Party.

U.S. officials have expressed concern that China could misuse private information about American users of the service. They have also warned that Beijing could use TikTok's powerful recommendation algorithm to shape public discourse in the United States to China's benefit.

In December, when a federal appeals court upheld the law ordering the company's sale or closure, Democratic Rep. Raja Krishnamoorthi, one of the law's original sponsors, released a statement expressing the thoughts of many of supporters of the law.

“With today's opinion, all three branches of government have come to the same conclusion: ByteDance is controlled by the Chinese Communist Party, and ByteDance's ownership of TikTok is a national security threat that cannot be mitigated by no other means than disinvestment,” Krishnamoorthi said.

“Every day that TikTok remains under the control of the Chinese Communist Party is a day that our security is at risk,” Krishnamoorthi added.