Washington — TikTok has started to restore access for users in the United States after a temporary voluntary service shutdown that lasted less than a day. The company announced on Sunday that it is in the process of reinstating service following President-elect Donald Trump’s commitment to attempt to pause the ban through an executive order on his first day in office.
“We appreciate President Trump for providing vital clarity and assurance to our service providers that they will not face penalties for providing TikTok to over 170 million Americans, enabling over 7 million small businesses to flourish,” TikTok stated. “This is a strong affirmation of the First Amendment and a stand against arbitrary censorship. We look forward to collaborating with President Trump on a long-term plan that ensures TikTok remains operational in the U.S.”
TikTok voluntarily interrupted its service in the U.S. just hours before a Sunday deadline, cutting off access to millions of users after the Supreme Court upheld a law this week that effectively prohibited the app due to concerns about its connections to China.
The legislation, enacted by Congress last year, mandated that TikTok’s China-based parent company, ByteDance, divest its ownership of TikTok by Jan. 19 or face removal from U.S. app stores and hosting services. TikTok claimed that a sale was unattainable and challenged the law in court, but it was unanimously rejected by the Supreme Court on Friday.
On Sunday, Trump announced on social media his intention to restore TikTok, initially posting “SAVE TIKTOK” and later pledging to sign an executive order on Monday that would delay the implementation of the law. He also mentioned that there would be no repercussions for companies that facilitated the continuation of TikTok before the order took effect.
“Americans deserve to enjoy our exciting Inauguration on Monday, along with other events and discussions,” he stated. “I propose that the United States holds a 50% stake in a joint venture. This approach would preserve TikTok, ensuring it is in capable hands and active. Without our approval, TikTok cannot operate. With our endorsement, its worth could reach hundreds of billions of dollars — potentially trillions.”
The Supreme Court’s ruling indicated that the divest-or-ban law does not infringe upon the free speech rights of TikTok or its 170 million U.S. users, aligning with the government’s belief that the platform could be employed by China to gather extensive sensitive data on Americans.
While the Biden administration stated the enforcement of the law would be determined by the incoming Trump administration, TikTok proactively took its service offline shortly before the Sunday midnight deadline.
Users trying to access the app late Saturday night received a notification with the headline, “Sorry, TikTok isn’t available right now.”
“A law banning TikTok has been enacted in the U.S.,” the message read. “Unfortunately, this means you cannot use TikTok for the moment. We are fortunate that President Trump has indicated he will collaborate with us on a solution to reinstate TikTok when he assumes office. Please stay tuned!”
The app was also removed from both Apple and Google Play stores.
Trump’s incoming national security adviser, Mike Waltz, stated on “Face the Nation with Margaret Brennan” on Sunday that the president-elect had spoken to Chinese President Xi Jinping, and “they agreed to work together on this.”
“We can have an app that safeguards Americans,” Waltz continued. “I can assure you that neither the FBI nor the U.S. government should monitor every keystroke or password, nor should we allow the Chinese Communist Party to do so. However, we want an app that 170 million Americans clearly appreciate, one that was instrumental in amplifying our message during the Trump campaign.”
On Friday, TikTok warned it would “be forced to go dark” beginning Sunday unless the Biden administration assured service providers that the law would not be enforced. The White House dismissed the appeal as “a stunt,” suggesting that the company should address its concerns with the Trump administration.
“We see no reason for TikTok or other companies to take actions in the next few days before the Trump Administration takes office on Monday,” White House press secretary Karine Jean-Pierre said.
Meanwhile, TikTok remained operational internationally on Sunday, with no indications to global users that access had been restricted in the U.S. Users could still view and interact with American accounts without any obvious signs of the ban.
Even if Trump chooses not to enforce the ban, the law will remain in effect, and companies like Apple and Google could face penalties in the future for non-compliance. Trump mentioned to NBC News on Saturday that he was contemplating extending the deadline for the law’s implementation.
“The 90-day extension is likely to happen, as it makes sense,” he remarked in a phone interview, adding, “If I decide to proceed with that, I will probably announce it on Monday.”
The law does provide for a short-term extension if a sale is in progress.
During the Supreme Court arguments on Jan. 10, Noel Francisco, a TikTok attorney, cautioned that the platform would cease operations when the law came into effect, explaining that it would be “extremely challenging” for a divestiture to occur under the proposed timeline since the Chinese government opposes the sale of the algorithm that customizes video recommendations for users.
“As it stands, we would go dark,” Francisco stated.
However, even if a sale eventually occurs without the algorithm, creating a new team of engineers would require “many years” to reconstruct it, resulting in a “fundamentally different platform,” according to Francisco. He asserted that the law’s restrictions on sharing user data with ByteDance would cut off U.S. users from global content and vice versa.
The bipartisan law was included in a foreign assistance package that swiftly passed through Congress and was signed by President Biden last April. TikTok and ByteDance challenged the law shortly after, claiming it represented “an extraordinary and unconstitutional assertion of power” based on “speculative and analytically flawed concerns regarding data security and content manipulation” that could suppress the speech of millions of Americans.
A federal appeals court upheld the statute in December, asserting that the U.S. government “acted solely to safeguard that freedom from a foreign adversary and to limit that adversary’s ability to gather data on individuals in the United States.” The appeals court later denied TikTok’s request to stall the law’s implementation pending a Supreme Court review.
The Supreme Court acted remarkably swiftly to take up the case after TikTok requested a temporary halt. The court issued its opinion just a week after considering the arguments, mere days before the law was set to take effect.
“There is no doubt that TikTok provides a unique and wide-reaching platform for expression, interaction, and community for more than 170 million Americans. However, Congress has determined that divestiture is essential to confront its well-founded national security concerns about TikTok’s data collection practices and its relationship with a foreign adversary,” the court stated.
The justices noted Congress’s findings that companies may be compelled to hand over data to the Chinese government under Chinese law.
“The government had justifiable reasons for singling out TikTok,” the court declared.
Solicitor General Elizabeth Prelogar noted during arguments that “nothing permanent or irreversible will occur” on Sunday. The law grants authority to lift the restrictions on TikTok if a sale happens post the effective date.
“Congress anticipated that we might encounter something resembling a game of chicken, with ByteDance insisting they cannot proceed due to Chinese government opposition. However, once the restrictions come into play, it may fundamentally alter what ByteDance is willing to contemplate,” Prelogar remarked.
In a video statement following the Supreme Court’s ruling, TikTok CEO Shou Zi Chew expressed optimism about the app’s future under Trump. He expressed gratitude to the president-elect for his commitment to finding a solution that would allow TikTok to continue operating in the U.S. “for years to come.”
Trump, who attempted to ban TikTok during his first term over national security issues, claimed on Friday that he discussed TikTok with Chinese President Xi Jinping. However, a Chinese summary of the conversation did not indicate that TikTok was a topic of discussion.
Unless a sale occurs or Congress repeals the law, the long-term outlook for TikTok in the U.S. remains uncertain. If Trump or a future president declines to enforce the law, companies like Apple and Google could still face significant penalties in the future.
“If it doesn’t shut down on the 19th, it would constitute a legal violation, correct?” Justice Sonia Sotomayor inquired of Prelogar, who affirmed, “Yes.”
“And whatever action the new president takes does not alter the reality for these companies,” Sotomayor added, referring to the potential penalties facing app stores and web hosting services.
“That is correct,” Prelogar responded, noting that a five-year statute of limitations applies.
