With the clock ticking down to the January 19th deadline for TikTok’s potential forced sale in the U.S., bipartisan pressure is mounting on President Joe Biden to approve a 90-day extension.
Senators Edward Markey (D-MA) and Rand Paul (R-KY) have sent a letter to the president, urging him to take action before the cutoff.
The deadline stems from the Protecting Americans from Foreign Adversary Controlled Applications Act, which mandates that TikTok’s parent company, ByteDance, divest from the popular social media platform unless certain conditions are met.
The stakes are undeniably high. As the senators pointed out, if the law goes into effect as scheduled, it could lead to TikTok’s ban in the U.S., causing significant disruption for its millions of creators, businesses, and users.
The urgency is compounded by the fact that, even if the courts uphold the law, ByteDance would not have enough time to complete the divestiture process within the current window.
“The stakes here are high: As a practical matter, even if the Court rules that the law is constitutional by the January deadline, ByteDance cannot divest TikTok in that limited time,” the senators wrote in their letter to Biden.
“Consequently, absent a judicial injunction, decision overturning the law, or action by you, TikTok will soon be banned in the United States, causing its creators and users serious hardship.”
What many may not know is that under the relevant law, President Biden has the authority to grant a one-time 90-day extension.
However, this is contingent on several conditions. The president must notify Congress that a path to executing a “qualified divestiture” has been identified, demonstrate “significant progress” toward its execution, and confirm that binding legal agreements are in place to enable the divestiture during the extension period.
While some reports question whether the president can extend the deadline, the senators’ letter argues that, with the proper evidence, such an extension could likely be approved.
The letter suggests that the language of the law allows for flexibility in interpreting what constitutes “significant progress” and “in place,” which would enable the president to act.
The timing of the extension request is crucial, as it coincides with the U.S. Supreme Court’s consideration of TikTok’s challenge to the law.
The case is scheduled for oral arguments on January 10th, leaving little time for a resolution before the January 19th deadline. This adds another layer of complexity to an already tense situation.
“Absent a judicial injunction, decision overturning the law, or action by you, TikTok will soon be banned,” the senators emphasized.
The potential consequences of a TikTok ban would affect millions of American users and creators, with ripple effects on businesses relying on the platform for marketing and engagement.
As the clock winds down and the legal battles continue, President Biden’s decision on whether to approve the extension will be pivotal.
Should he grant it, it would provide the necessary breathing room for ByteDance to work out a solution, avoiding an abrupt ban that could disrupt the digital landscape in the U.S.
Ultimately, while the extension request has been made, it remains to be seen whether President Biden will grant it. The decision is especially significant, as it comes just one day before the inauguration of President-elect Donald Trump on January 20th.
If the extension is not approved, TikTok’s future in the U.S. will likely take a dramatic turn, affecting millions who have come to depend on the app for their livelihoods and social engagement.
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