One minute, TikTok is working, and the next there is a black screen with an error message telling users the popular app is no longer available in their region. Some even received this message on the evening of Saturday, January 18th – just hours before the ban was supposed to take effect on Sunday. However, a mere 12 hours later, the app suddenly launched again, and most US users were able to get full functionality back, with a message from the platform thanking President Trump for restoring it. But legally, this doesn’t mean this is back for good.
Gerard Magliocca an author and law professor at Indiana University Indianapolis’ Robert H. McKinney School of Law, answered some legal questions about the ban and how this affects us here at Bloomington South. So, to answer everyone’s burning legal question, no Trump did not just permanently reinstate TikTok and completely ignore the new law that has been passed by Congress and approved by the Supreme Court. Instead, the law allows for one 90-day extension to be granted by the US President, in hopes that Chinese company ByteDance will sell the company to an American business. So while the app is back for the moment, it is still waiting for a sale to take place. If the sale does not occur prior to the extension period, the ban will return.
As many noticed, the app was back in operation on the day before Trump’s inauguration, so did he act presidentially before being sworn in? No, Trump essentially stated that he would sign the extension as soon as he came into office so TikTok preemptively launched the app back in the United States, even before his inauguration under the assumption that they wouldn’t be sought out for punishment for ignoring the ban.
Many people, including Magliocca, are expecting this sale required by the ban for operations to continue to take place, as this seems to be the “only alternative” for the app. Magliocca stated that, in the event of a ban, “TikTok would be worth zero in the United States, and if ByteDance has the choice between selling it to somebody for something versus zero, they will take the something.” So, while it is certainly not a guarantee, there is a likely chance of a sale going forward. Once the sale goes into effect, TikTok should be back to operating in the US completely as normal, with no changes to security measures, because there is no longer a tie to China with the platform.
In the wake of the sale, many were jumping ship to other social media platforms, such as the Chinese-owned app Red Note, to spite the American government. Junior Emma Hancock, said, “[i]f there is anything this has shown, it’s that we will find alternatives like Red Note… and they are much much worse than TikTok. I would like to hope that the people taking it away realize it is a better alternative to let us have it.” Lawmakers do see the concern from both sides, which is why a sale to an American company is still required. Legally, TikTok isn’t yet back for good, and many South students are waiting for this final word about a fan favorite app.
