Washington, United States — President-elect Donald Trump’s vocal backing of TikTok has reignited discussions around potential resolutions to prevent the app’s looming ban in the United States, though the exact course of action remains uncertain.
“We need to keep this thing alive for a bit longer,” Trump stated during a rally on Sunday, following a meeting with TikTok CEO Shou Zi Chew in Florida.
Trump credits TikTok for bolstering his support among younger voters and opposes a ban, arguing that it would primarily benefit Meta, the parent company of Facebook and Instagram, led by Mark Zuckerberg.
Complex Challenges Ahead
According to Carl Tobias, a professor at the University of Richmond School of Law, the situation is complicated by a mix of potential solutions and Trump’s often unpredictable approach.
In April, President Joe Biden signed into law bipartisan legislation requiring TikTok’s parent company, ByteDance, to divest its U.S. operations by January 19 or face a ban from app stores and web hosting in the country. U.S. officials have voiced concerns about potential Chinese government influence on ByteDance and access to American user data.
Even with Trump’s election win and a Republican-majority Congress, overturning the ban is a tall order. The legislation’s bipartisan backing makes repealing it politically challenging, even for Trump-aligned lawmakers.
The Supreme Court, which TikTok has appealed to, could play a pivotal role. The platform argues that the legislation infringes on First Amendment free speech rights. The case is set to be heard on January 10, just days before the ban’s deadline. This follows a lower court’s unanimous decision in December to uphold the law.
Another potential avenue involves the Department of Justice, under Trump’s administration, determining that ByteDance has adequately addressed national security concerns. However, such a move may be criticized as leniency toward China.
ByteDance could also sell its U.S. operations to a non-Chinese buyer, though the company has consistently rejected this option. Facilitating such a transaction may require Trump to extend the deadline by 90 days once in office.
Possible Buyers and Challenges
Acquiring TikTok’s U.S. operations, which boast 170 million active monthly users, would require significant resources. Potential buyers include private equity funds, but antitrust concerns deter major tech companies.
Former Treasury Secretary Steve Mnuchin, backed by Japan’s SoftBank Group and Abu Dhabi’s Mubadala sovereign wealth fund, has shown interest. SoftBank CEO Masayoshi Son recently pledged $100 billion in U.S. investments, though specific plans remain unclear.
Other candidates include real estate billionaire Frank McCourt, who aims to promote safer social media platforms, and Elon Musk, owner of X (formerly Twitter), who has expressed interest in integrating TikTok-like features into his platform.
A senior Republican lawmaker suggested Trump could orchestrate a “deal of the century” that satisfies U.S. security concerns while addressing ByteDance’s interests. However, any agreement would likely require approval from Beijing, a challenging prospect given strained U.S.-China relations.
A Recurring Issue
This is not the first time TikTok has faced scrutiny in the United States. In 2020, Trump threatened to ban the app unless ByteDance sold its U.S. operations, though no resolution was reached.
As TikTok’s fate hangs in the balance, the platform’s 170 million American users await clarity on whether it can navigate the political and legal hurdles threatening its future.
