TikTok made a last-ditch effort in the Supreme Court aimed at stopping the app’s ban that was set to take effect in a few days – but the platform’s arguments may have ‘failed’.
Most justices appeared inclined to uphold a federal law that would ban the company unless it split from its China-based parent company Bytedance.
TikTok has reportedly challenged the law on First Amendment grounds, arguing that a ban would limit free speech rights on a platform used by one in two Americans.
If the court challenge fails and TikTok backs out of a sale, the ban would take effect on January 19, the day before President-elect Donald Trump’s inauguration.
According to experts, the measure will not penalize individuals for accessing or using the app, even after the ban is implemented.
Here’s what you need to know about exactly how the potential ban would work and how users could still use TikTok, based on expert explanations.
How exactly would a TikTok ban work?
The law that would potentially ban TikTok – the Protecting Americans from Foreign Adversary-Controlled Apps Act – hits the app by targeting third-party companies vital to the platform’s operation.
Specifically, the law would restrict app stores and companies that provide the digital infrastructure on which services like TikTok depend,
Forcing the app to be removed from major app stores, such as those maintained by Google and Apple, would prevent new users from downloading the app and prevent existing users from updating it.
Without updates, the app would degrade over time due to issues such as video loading delays and performance bugs.
“If the app wasn’t able to download updates, it would eventually become obsolete,” said Qi Liao, a professor of computer science at Central Michigan University.
A separate designation would also make it illegal for companies to provide services to TikTok.
And so TikTok would cease to operate if companies were to stop providing services.
At least in theory, however, the app could form partnerships with companies outside the US, putting them outside the reach of US enforcement.
Such a move would keep TikTok available to US users, but the service would likely be slower.
Given the potential legal liability, TikTok is likely to opt against trying to preserve its US-based platform in a modified form.
Instead, services could simply be shut down, as they did in India shortly after the 2020 ban.
While users will receive a message saying, “This app is not available in your country.”
Will Americans be able to use TikTok after the ban?
Regardless of the extent of the potential service disruption, users will still be able to access TikTok after the ban, experts have said.
But users who do will face technical hurdles and reduced app quality.
For some, this is likely to be a daunting hurdle; others may seek out TikTok anyway.
“If they really want to use it, the user will find a way to use it,” Liao said.