THE Supreme Court has upheld the congressional ban on TikTok, but its fate is still uncertain after President Joe Biden said he would not enforce it.
The ban is set to go into effect on January 19, leaving the platform's future in the hands of the incoming Donald Trump administration.
The court voted unanimously to uphold the law passed by Congress and signed by the president last April that would prohibit tech giants such as Apple, Google, and Oracle from hosting TikTok on their US app stores.
"There is no doubt that, for more than 170 million Americans, TikTok offers a distinctive and expansive outlet for expression, means of engagement, and source of community," The decision read.
"But Congress has determined that divestiture is necessary to address its well-supported national security concerns regarding TikTok's data collection practices and relationship with a foreign adversary."
The law would not immediately remove TikTok from phones nationwide or force it to go dark.
However, tech companies that continue hosting the app or update it in their app store could face penalties.
Under the legislation, the Department of Justice could fine each user up to $5,000, according to ABC News.
TikTok has signaled that it would shutdown US operations on Sunday, barring a last-minute resolution.
On Thursday, President Biden changed course and said his administration did not plan to take immediate action against TikTok once the law goes into effect on Sunday, according to the Associated Press.
"Our position on this has been clear: TikTok should continue to operate under American ownership," a White House official told ABC News.
"Given the timing of when it goes into effect over a holiday weekend a day before inauguration, it will be up to the next administration to implement."
Nevertheless, if President Biden, or President-elect Donald Trump, do enforce the ban promptly, tech companies will still be affected as long as TikTok is owned by ByteDance.
TikTok exploded in popularity among young Americans in 2020 as the Covid-19 virus spread globally, forcing health officials to implement lockdown orders and encourage social distancing regulations.
The video-sharing app hosts about 170 million users in the United States.
However, US lawmakers, including then-President Donald Trump, raised concerns about the platform, citing national security issues given TikTok's parent company ByteDance's Chinese ownership.
Lawmakers on both sides have cited classified briefings that suggest the Chinese Communist Party is able to use TikTok to spy on American users and push propaganda.
National Security officials have briefed politicians on Capitol Hill about the dangers of the social media platform and its "frightening" ability to "access, track, and store" users' personal data, according to Axios.
The bill, which swiftly passed the House and Congress last April, sought to separate TikTok from ByteDance by forcing the Chinese-owned tech company to sell the app to a US organization.
President Joe Biden signed a law requiring ByteDance to either sell TikTok to a US company by January 19, 2025, or the app would be banned in the country.
After a failed challenge with a US Court of Appeals in Washington DC in early December, TikTok took the fight to the Supreme Court, saying the law violates its free speech rights under the First Amendment.
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