Trump and the Status of the ByteDance App: A Case Study in the Expansion of TikTok in the United States

It was noted in a message that President Trump would work with them on a solution to reestablish TikTok once he takes office. “Please stay tuned!”

That said, Trump’s power could encourage some companies to take calculated risks. It’s conceivable that companies with $850 billion of liability exposure and even voluntarily violating a new federal law may be worth it to curry favor with the new administration. “But you would not typically think that’s a calculation that makes sense.”

Someone with standing could challenge Trump in court if he tried to overrule Congress in a way that wasn’t legal. Who might this be? One option is TikTok users who supported the ban and fear the Chinese government getting their data. The courts might say no to TikTok. He says a competitor like Meta may be able to bring a claim. Or a service provider like Apple or Google could try to get a court to clarify their legal liability, without actually challenging the arrangement. But given tech companies’ attempts to avoid antagonizing Trump, that route seems unlikely.

There is a fight over TikTok’s future in the US. ByteDance had to give up its US operations by January 19 if it wanted to be allowed to continue operations in the country. TikTok sued on First Amendment grounds but lost at the Supreme Court. Apple and Google removed the app from their stores last night, as well as many other ByteDance apps. Oracle reportedly told employees to shut down servers that hosted TikTok US data, according to The Information.

The law also bans companies from providing data hosting services to TikTok. Oracle, which counts TikTok as one of its largest cloud computing customers, reportedly began telling staff to shut down servers that host US TikTok data on Saturday, according to The Information. Oracle did not immediately return a request for comment.

TikTok is Back in the US App Store: Is It Still Going Off? Comment on Douek’s Disturbation on the First Amendment

“It’s a blatant violation of the First Amendment,” says Evelyn Douek, a professor at Stanford Law School who specializes in online speech issues. “Unfortunately for me, all nine of the Supreme Court justices disagree, and pretty much everyone that matters is going to listen to their opinion over mine. It’s hard to take the national security justification seriously, though, when in recent days presidents past and future as well as members of Congress seem to be backpedaling on whether an immediate shutdown is necessary after all.”

On Blind, an anonymous messaging app popular with tech workers, some TikTok employees spiraled about whether they’d have jobs next month, while others went about business as usual. “Anyone else’s manager still scheduling meetings next week about new, upcoming projects without acknowledging the ban whatsoever?” wrote one user. Another user said they would have a strategy meeting next week. “I am just doing what I’m told. It is comforting.

TikTok, in addition to other ByteDance-owned apps, is still not back in US app stores as of publication. The timelines were unavailable last night but a few users say they have been able to access them again. Some people regained access to their accounts but with different degrees of function.