TikTok ready to ‘shut down’ US operations as ban deadline nears

TikTok is reportedly preparing to shut down its US operations ahead of a federal ban that is scheduled for Sunday amidst speculation about whether measure will be blocked before the president-elect's inauguration the day after.

Sources told Reuters that the shutdown is intended to protect TikTok service providers from legal liability with a view to a possible operational reinstatement if Donald Trump decides to lift the ban when he takes office on 20 January.

On Monday, Trump told the Washington Post he was considering issuing an executive order to suspend the enforcement of a shutdown for 60-90 days and he will seek to find a ‘political resolution’ of the issue.

Upcoming national security adviser Mike Waltz reinforced the idea of such a plan when he told Fox News on Wednesday: “TikTok in itself is a fantastic platform, we will find a way to preserve it but protect people's data.”

However, according to reports in the Washington Post, the last-minute truce may be difficult to achieve due to legal impediments.

Noel Francisco, a lawyer for the company, explained to Reuters that, pragmatically, the entry into force of the ban would result in the rapid shutdown of the app, with the service going dark quickly and “essentially shutting down the platform”.

Users who have downloaded TikTok in the past would technically still be able to use the app, but would not have access to the services, as the law also prevents US companies from providing services that allow distribution, maintenance and updates of the service.

Users in other countries could also be affected, as US-based service providers also offer the service availability in other countries, TikTok said in a document filed in court on Monday.

The NBC broadcasting company revealed that the Biden administration is considering a way to keep the service available to users after Sunday’s deadline. TikTok said in a statement it will try to give users the option of downloading all their personal data.

The US Supreme Court has yet to decide whether to uphold or suspend the ban to give the next government more time to make a decision.

On Monday, two Democratic lawmakers urged Congress and President Joe Biden to extend the 19 January deadline, Reuters reported.

But TikTok's laywer Francisco said it would be impossible to complete the sale in such a short time.

Earlier this week, TikTok responded to speculation about whether China was considering the sale of its US operations to Elon Musk by saying the idea was ‘pure fiction’.

The comment came in response to a Bloomberg report which suggested that Chinese authorities might explore selling TikTok’s US business to the billionaire if the US Supreme Court upholds the ban.

On Wednesday, US Senator Edward Markey sought unanimous consent to extend the deadline for ByteDance to divest from TikTok in 270 days.

“A ban would dismantle a unique information and cultural ecosystem, silencing millions of people,” Markey said Monday.

Republican Senator Tom Cotton blocked the proposal.

In Europe, TikTok is currently being targeted by privacy advocacy group Noyb, which has filed complaints against six Chinese technology companies, including TikTok, Shein, and AliExpress, alleging unlawful transfers of European Union users' data to China in violation of privacy regulations.

According to the organisation’s complaint, AliExpress, SHEIN, TikTok, and Xiaomi explicitly acknowledge transferring European personal data to China, while Temu and WeChat indicate transfers to unspecified "third countries" that likely include China.



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