A federal appeals court rejected TikTok's emergency request to delay an impending ban that could force the popular video-sharing app off U.S. app stores next month. The ruling, issued Friday by the U.S. Court of Appeals for the District of Columbia Circuit, maintains the January 19 deadline for TikTok's Chinese parent company ByteDance to sell its stake or face restrictions.
The court's decision stems from legislation passed by Congress in April 2023, requiring TikTok to separate from ByteDance within 270 days or risk losing access to U.S. app stores and web-hosting services. The law, signed by President Biden, was included in a broader foreign aid package amid national security concerns about potential Chinese government influence through the app.
ByteDance faces substantial obstacles in completing a sale, as Chinese authorities have stated they would block any transfer of TikTok's core algorithm - the technology that powers the app's content recommendations. Without this key component, creating a viable alternative would be practically impossible, according to TikTok's legal team.
The platform, which boasts approximately 170 million U.S. users, warned in court filings that a shutdown could result in losing one-third of its daily American users within the first month. However, the Justice Department countered that existing users would still be able to access the app after the deadline, though updates would cease.
TikTok's legal options are now limited to appealing to the Supreme Court, though uncertainty remains about whether the high court would consider the case or make a determination before the January deadline. The law does provide for a possible 90-day extension if a sale is actively progressing.
House China Committee leadership has already instructed Google and Apple to prepare for removing TikTok from their app stores by the deadline. The committee's bipartisan leadership urged TikTok to "immediately execute a qualified divestiture" to comply with Congress's decision to protect national security.
President-elect Donald Trump, who previously attempted to ban TikTok during his first term, has recently expressed interest in "saving" the app. However, any reversal of the law would require congressional approval.