What is the fate of the platform? Here’s what we know

On January 16, 2025By Littum

The Supreme Court heard arguments last week regarding the ban, but has yet to make a decision.
If the ban goes into effect, TikTok will be illegal to distribute in the US and existing users will lose functionality over time.
One of the ways the app can survive is if ByteDance sells its US operations.

TikTok will soon go dark for 170 million US users, barring an 11th-hour development.

TikTok’s Chinese parent ByteDance has until Sunday to sell the platform under federal legislation signed by President Joe Biden last spring. If the Beijing-based company fails to do so, TikTok will be banned in the US, making it illegal for US internet hosting services and app stores to distribute the platform. The legislation comes amid concerns from some government officials who believe the platform is a national security threat, as ByteDance may be sharing US user data with the Chinese government.

The Supreme Court heard oral arguments last week from TikTok, which claims the ban is an unconstitutional violation of Americans’ First Amendment rights. The platform asked the Supreme Court to put an end to the ban. As of Thursday morning, SCOTUS had not released a decision.

President-elect Donald Trump will be sworn in on Monday, January 20, the day after the ban takes effect. Although he previously supported a ban on the platform, Trump asked SCOTUS last month to put an end to the deadline to give his incoming administration “the opportunity to pursue a policy resolution of the issues in the case.”

Washington Post reported Wednesday that Trump is considering an executive order that would halt the ban for 60 to 90 days, and USA TODAY investigated the report.

As we get closer to the ban, here’s what you need to know about the situation, how users will be affected, and who has expressed interest in buying the platform.

Will TikTok shut down the platform on Sunday?

Following last week’s Supreme Court hearing, TikTok appears to be preparing to shut down the platform on its own on Sunday, according to multiple reports. Remarks about TikTok’s intentions were first shared by the company on Friday.

What will the Supreme Court decision decide?

If the Supreme Court upholds the existing legislation, ByteDance has until Sunday to divest TikTok’s US assets.

During last week’s hearing, Justice Samuel Alito asked whether the court could temporarily block the law or administratively suspend the law.

U.S. Attorney General Elizabeth Prelogar, who defended the ban to the Biden administration, advised against a temporary block unless TikTok was likely to win based on its First Amendment claim for a right to distribute its content. As for an administrative stay, Prelogar said she would defer to the judges on whether they have enough time to decide the case.

When will the Supreme Court make its decision?

The Supreme Court can release its decision at any time. The court does not have to release a decision by a specific date.

How will the ban affect users?

If the ban on TikTok goes into effect on Sunday, it will become illegal for US internet hosting services and app stores to distribute the platform.

TikTok users who already have the app downloaded on mobile devices will still have access to it, but they won’t be able to update the app, which is likely to become unusable over time. The TikTok website will not be accessible via US-based internet hosting services.

Would there be a way around the ban?

How exactly the ban will be implemented is uncertain, but content creators are using this time to educate other users about virtual private networks (VPNs), which allow online users to mask their locations. In theory, if a user used a VPN to set their location outside of the US, the user could be able to access TikTok.

However, there are a few cases where VPNs wouldn’t work, Dan York, a senior adviser to the Internet Society, previously told USA TODAY. Popular VPNs can be blocked and using locations outside the country will result in slower or unreliable connections.

York advised users to do thorough research before using VPNs, as there are malicious companies that may want to take advantage of users who want to use one for the first time.

Who is interested in buying TikTok?

Over the past month, several individuals and organizations have expressed interest in purchasing the platform.

Notably, Project Liberty, an organization led by billionaire Frank McCourt, announced last week that it had made a formal offer to ByteDance to buy TikTok’s US assets. Project Liberty President Tomicah Tillemann said in a statement that the organization would not disclose the bid amount.

McCourt, former owner of the Los Angeles Dodgers, announced last month that Project Liberty had secured verbal commitments of up to 20 billion dollars for the purchase. “Shark Tank” host and investor Kevin O’Leary announced last week that he was joining Project Liberty on the buyout plan.

If Project Liberty were to successfully buy TikTok, it would only be the US assets, which do not include the algorithm, as China considers it to be its intellectual property.

Others who have expressed interest in the platform include Tesla and Space X CEO Elon Musk; YouTuber James “Jimmy” Donaldson, more commonly known as MrBeast; former Activision CEO Bobby Kotick; Walmart CEO Doug McMillon; and Microsoft as a unit.

Greta Cross is a national trends reporter at USA TODAY. Follow her on X and Instagram @gretalcross. Story idea? Email her at [email protected].