What Happens Next For TikTok After Court Decision In The US?

JAKARTA A United States federal appeals court on Friday December 6 decided to support a law requiring ByteDance, China-based parent company TikTok, to release its holdings on this popular short video app in the United States before the start of next year or face a full ban. Here are the steps TikTok is likely to take next:

TikTok and its parent, ByteDance, have sued the law in federal court, arguing that the law violates free speech. On Friday, a panel of three judges from the US Court of Appeals for the District of Columbia decided to support the government, citing national security considerations related to China.

TikTok was able to appeal this ruling to the Supreme Court before the ban took effect on January 19, 2024. Last year, TikTok also took similar legal steps to stop banning apps in the state of Montana, where the court gave a temporary order to postpone the ban.

In August 2020, former President Donald Trump tried to ban China's TikTok and other apps, WeChat, but his efforts were blocked by the court. In June 2021, President Joe Biden withdrew a series of Trump-era executive orders seeking to ban new downloads of WeChat and TikTok.

However, legislators later passed legislation forcing ByteDance to release TikTok or face bans. The law was passed with great support in the House of Representatives and the US Senate. When Biden signed the law in April, a 270-day deadline began.

To be considered a eligible release, the president must ensure TikTok is no longer controlled by, and has no operational ties to any Chinese entity. If Biden states that a path to eligible release has been found, there is evidence of significant progress towards sales, and there is a binding legal agreement, he can allow an additional 90 days to complete the deal.

This additional time could give President-elect Donald Trump a final decision, which has stated that he will not allow TikTok, used by 170 million Americans, to be banned. However, at least one senator noted that Trump cannot ignore TikTok's laws.

US tech companies could face billions of dollars in fines if they allow users to access TikTok after January 19, even if Trump says he will not enforce the law. The risk could also come from other parties who might try to enforce the law.

For now, the TikTok app will not change for US users until January 19, 2024.

China has a list of technologies that require government approval before it is exported. Experts say TikTok's recommendation algorithm is included in this list, making the release of ownership very difficult for ByteDance.

With the deadline getting closer, ByteDance is facing heavy pressure to comply with the law or risk losing a large market in the US. If no agreement is reached, the future of TikTok in the United States remains uncertain. Meanwhile, users and the global tech community continue to observe how this situation will develop.