The Biden administration will leave it to Trump to implement the TikTok ban

The Biden administration does not plan to take action that would force TikTok to immediately go dark for US users on Sunday, an administration official told ABC News.

TikTok could still proactively choose to shut itself down that day — a move that would send a clear message to the 170 million people it says use the app each month about the far-reaching impact of the ban.

But the Biden administration is now signaling it will not enforce the law, which takes effect a day before the president leaves office.

“Our position on this has been clear: TikTok should continue to operate under American ownership. Given the timing of it taking effect over a holiday weekend a day before the inauguration, it will be up to the next administration to implement,” a White House of Representatives told ABC News in a statement.

As the law works, TikTok is not required to go dark on January 19. It is the app stores and internet hosting services that may be on the hook if they continue to provide their services to TikTok. The law gives the Justice Department the power to pursue fines of up to $5,000 per user, a huge potential liability given the popularity of the app.

So even if President Joe Biden — or President-elect Donald Trump — say they won’t enforce the ban, tech companies will still be liable as long as TikTok is owned by ByteDance. Apple, Google and Oracle have so far not responded or declined to comment to ABC News about what they will do on Sunday.

And the reality is that both presidents have limited options to suspend the ban.

The law says the president can grant a one-time extension delaying the ban for up to 90 days under three very specific conditions: TikTok must show it is “on track to execute” a divestment from its Chinese owner; there must be “evidence of substantial progress” towards a sale; and that progress must be sealed with “relevant binding legal agreements.”

At present, there is no indication that any of these conditions have been met.

A group of House and Senate Democrats introduced a bill on Tuesday that would have given TikTok’s parent company ByteDance another 270 days to sell or divest, but Republican Sen. Tom Cotton, chairman of the Senate Intelligence Committee, cited national security concerns in his objection. to a request from sponsor Sen. Ed Markey that the Senate will unanimously approve the extension on Wednesday.

Senate Minority Leader Chuck Schumer said on the Senate floor Thursday that it was “fantastic” that Cotton blocked Markey’s effort.

“Clearly, more time is needed,” Schumer said. “We will continue to work to find a responsible solution to keep TikTok running, protect American livelihoods, and protect against surveillance by the Communist Chinese Communist Party. We must and can do all three.”

Schumer’s office said he had also spoken directly with Biden to appeal for an extension.

Biden signed the Protecting Americans from Foreign Adversary Controlled Applications Act, which was part of a massive $95 billion foreign aid package passed by Congress last April.

Biden and some congressional leaders argued that the ultimatum against TikTok was necessary because of security concerns surrounding ByteDance and its ties to the Chinese government.

Trump initially tried to ban TikTok during his first term, but has since reversed course, promising during the 2024 presidential campaign to “save” the app. At a press conference in December, the president-elect said he had a “warm place in my heart” for the app and credited it with helping him win over young voters.

Later in December, he asked the Supreme Court to delay the deadline so he could work out a “negotiated solution” that would save the app.

Trump met with TikTok CEO Shou Chew at his Mar-a-Lago club in Florida last month, and he plans to attend Trump’s inauguration on Monday, sources told ABC News.

On Wednesday, Florida Rep. Mike Waltz, Trump’s pick for national security adviser, told Fox News that Trump was looking for opportunities to “preserve” TikTok.

Waltz was asked about a Washington Post report that Trump was considering an executive order to suspend enforcement of the law. Sources familiar with the discussions confirmed to ABC News that Trump’s team has been talking about a plan, including a possible executive order, to keep TikTok available.

“If the Supreme Court rules in favor of the law, President Trump has been very clear: Number one, TikTok is a great platform that many Americans use and has been great for his campaign and for getting his message out. Two, he will protect their data,” Waltz said.

“He’s a deal maker,” Waltz added. “I don’t want to get ahead of our orders, but we want to create this space to put that deal in place.”

A majority of Supreme Court justices last week appeared inclined to uphold the law. During oral arguments, concerns about intelligence threats from China and potential future weaponization of the app appeared to override concerns about potential violations of free speech.

“Should we ignore the fact that the ultimate parent of TikTok is doing intelligence work?” Chief Justice John Roberts asked the company’s lawyer.

—ABC News’ Rachel Scott and Mariam Khan contributed to this report