TikTok Ban Upheld By Appeals Court: Clock Running Out For ByteDance
The clock may have finally wound down for TikTok after a three-judge panel of the U.S. Court of Appeals for the District of Columbia Circuit ruled on Friday that Congress has the power to ban the popular social media app if it fails to shed its Chinese ownership.
The judges dismissed the First Amendment challenge brought by TikTok and many of its highest-profile users, who argued the ban was unconstitutional.
“The First Amendment exists to protect free speech in the United States. Here the Government acted solely to protect that freedom from a foreign adversary nation and to limit that adversary’s ability to gather data on people in the United States,” wrote Judge Douglas Ginsburg.
The sell-or-ban law received its signature from President Joe Biden in April, following bipartisan support from lawmakers — some of whom had been briefed by the U.S. intelligence community on matters related to the app.
Critics of the ruling were swift to urge the Supreme Court to review the decision of the Court of Appeals.
“This law threatens the free speech rights of our client and millions of other Americans who use TikTok to share and hear political ideas,” remarked Jacob Huebert, president of the Liberty Justice Center, which filed a lawsuit challenging the TikTok ban in June. “To protect their rights, we’ll ask the court to stay its decision until we seek Supreme Court review and receive a final decision.”
With TikTok having until January 19, 2025, to either be sold or face a ban, there still remain potential avenues of reprieve for the app.
“One is the Supreme Court, which doesn’t have to accept the case but could,” explained social media analyst Greg Sterling, co-founder of Near Media.
While gaining a hearing in the high court could be considered a long shot, the potential for a ruling in favor of TikTok remains uncertain. Lawmakers from both political parties continue to support the ban amid national security concerns.
“It’s unlikely to say that the First Amendment outweighs U.S. national security interests, especially in the wake of the recent Chinese ‘Salt Typhoon’ hacking incident,” added Sterling, who noted that another opportunity might arise with the incoming administration.
During his first term, President-elect Donald Trump had pushed for a ban on TikTok, only to have the Biden administration overturn it. A similar scenario might unfold, albeit with reversed roles, as Trump has recently stated a reversal of stance on the matter.
“Although the ban is scheduled to take effect before he’s inaugurated, Trump could push Congress to repeal the ban,” added Sterling. “It’s not clear whether that would be successful because of divisions within the Republican Party on TikTok.”
Both parties continue to voice concerns over the potential risk the app poses in sharing user data with China. Yet critics of the ban argue that TikTok is merely one facet of a broader issue concerning the access social media companies have to personal user data.
“The U.S. Court of Appeals ruling on TikTok highlights critical issues in mobile app security, API vulnerabilities, and the overarching role of big technology companies in app ecosystems dominated by Apple and Google,” commented Ted Morocco, CEO of cybersecurity provider Approov.
“While the TikTok ban focuses on national security risks due to foreign ownership, the conversation must expand to address systemic flaws in app distribution and privacy regulation,” Morocco continued. “The lack of a federal data privacy framework in the U.S. exacerbates the issue, allowing platform owners to set their opaque policies.”
According to Morocco, current policies offer leeway for practices prioritizing profit over user protection, including extensive data harvesting and inadequate repercussions for privacy violations.
“A clear, enforceable policy would mitigate these risks, especially for minors, who are disproportionately targeted by app-based surveillance and manipulative algorithms,” elaborated Morocco, advocating for a similar level of scrutiny across all apps, irrespective of origin.
Though TikTok’s ban is largely warranted by concerns over data transmission to a foreign adversary, American companies engage in similar practices of data gathering. “U.S.-based companies like Meta and Amazon have also faced allegations of privacy abuses,” said Morocco. “A robust framework would ensure equal accountability and provide mechanisms for imposing meaningful penalties globally.”
TikTok’s situation aptly highlights broader cybersecurity issues, reflecting how users remain mostly unaware of how their personal information may be leveraged. While this ruling may alleviate some national security worries, Morocco argues for a more comprehensive and transparent approach to resolve the structural challenges in app ecosystems.
“Only by prioritizing security, transparency, and accountability, can the U.S. safeguard its citizens,” he emphasized.
With less than six weeks remaining before a potential TikTok ban in the U.S., users and creators with significant followings might need to pivot to other platforms.
“If TikTok is shut down, which would be highly disruptive for many creators and users, Instagram is the most likely place that both groups would turn,” explained Sterling. “Instagram Reels is essentially a TikTok clone. But they could move to other networks as well. Bluesky is a possibility but I would be surprised if people moved over there vs. Instagram.”
