TikTok’s day of reckoning in the US has arrived. On Friday, the United States Supreme Court will hear the company’s appeal against its slated nationwide ban, which could come into force in a little more than a week if the company’s efforts fail.
The social video app, which is owned by Chinese firm ByteDance and is used by around 170 million Americans, has been appealing the ban since US president Joe Biden signed the law underpinning it last year. The Protecting Americans From Foreign Adversary Controlled Applications Act (PAFACA) states that ByteDance must sell TikTok’s US business to a non-Chinese company by January 19—no buyer has yet been found—or see the app blocked in the US. Donald Trump, who retakes the White House on January 20, publicly originated the idea that ByteDance be forced to sell TikTok during his first presidential term but has since reversed course.
The Supreme Court, which is hearing the case quickly due to the impending deadline and following a federal court upholding the ban in December, will determine whether the US Constitution’s First Amendment right to free speech is overruled by the government’s belief that TikTok is a threat to US national security. Proponents of PAFACA claim TikTok’s Chinese ownership could allow China to steal data on Americans and spread disinformation—although little evidence has been presented to support those claims, which the company denies.
If the court allows the ban to go ahead—and Trump doesn’t find a way to stop it—the move will be an unprecedented technological clampdown in the country.
“This is the first time we’ve seen a national-level ban that appears imminent in the United States,” says Joseph Lorenzo Hall, a distinguished technologist at the Internet Society. TikTok has been banned or faces lawsuits in other countries, such as India, and the pressures come against the backdrop of total internet shutdowns and increased online censorship. “What we learned from all of those is that this ends up really hurting the people of the country, that the economic effects are immediate for people,” Hall says.
So, how would TikTok actually be banned?
App Stores, Hosting Providers
Unpicking TikTok from the nation’s consciousness—thousands of influencers and businesses use the app to make money and promote themselves—is not exactly straightforward. Nor is it simple to untangle the company from US-based internet infrastructure.
PAFACA doesn’t require anyone to uninstall TikTok from their phones. It also doesn’t say TikTok should directly stop its services from working in the US. Instead, it effectively tries to throttle TikTok by making it harder to use over time and by stopping companies from providing services that help it to keep working and quickly loading videos.
TikTok, as with all companies mentioned in this story, did not respond to WIRED’s request for comment and hasn’t, at this stage, outlined what technical steps it will or will not take if the ban does eventually come into place.
The law says it will be “unlawful” for entities to “distribute, maintain or update” the app including its source code, or by “providing services” that allow it to keep running as it is now. This distribution, maintenance, or updates could be, the law says, by means of mobile app stores that can be accessed in the US or by “providing internet hosting services.”
“The law really deliberately avoided saying that it was illegal to have the app on your phone,” says Milton Mueller, a professor and cofounder of the Internet Governance Project at the Georgia Institute of Technology, who filed an amicus brief to the Supreme Court in opposition of the ban. “Their attempt is to say nobody new can download it from the Apple or Google stores, and nobody who has it can update it through those stores,” Mueller says. “There’s nothing in the law that says ‘TikTok you must block US users,’ which is again interesting.”
If TikTok is removed from Apple’s App Store and Google’s Play Store in the US, it will not be possible to directly install new updates that will add new features, fix bugs within the code, or quash security flaws. Over time, that means TikTok will stop functioning properly. Apple didn’t respond to WIRED’s request for comment, while Google declined to comment on what it will do if the law comes into effect.
The law’s other focus is on stopping “hosting” companies from providing services to TikTok—and the definition is pretty wide. Hosting companies “may include file hosting, domain name server hosting, cloud hosting, and virtual private server hosting,” the law says. Since the summer of 2022, as TikTok faced pressure about its Chinese ownership, the company has hosted US user data within Oracle’s cloud services. Oracle also did not respond to WIRED’s request for comment.
Even so, other systems such as content delivery networks, advertising networks, payment providers, and more are used as part of TikTok’s infrastructure. The law does not specifically mention these services, but differing legal readings could make them question whether they help to “maintain” or “distribute” TikTok’s fully functioning service.
Hall says a recent test of TikTok’s website showed 185 embedded domains on the page. “They pull in code, content from that array of third-party providers and their own domains too,” he says. “The apps will start to decay and rot as either services stop working, things like content distribution networks or services who feel like they can’t take the risks of the ambiguous nature of the language or the potential enforcement by the incoming administration.”
There’s one internet infrastructure player that the ban does not specifically put pressure on: internet service providers. Countries such as Russia and China have developed censorship measures that allow them to block entire websites from being accessed through web bowsers. Mueller believes this omission by US lawmakers was likely deliberate, as it avoids setting up a Chinese-style internet firewall. “They knew that a system of ISP-based blocking and filtering would obviously be a form of First Amendment restriction,” he says.
Avoiding a TikTok Ban
While TikTok’s service in the US would likely degrade over time, there remain some potential ways around any ban—both for individuals and potentially also the company itself. How effective these measures would be likely depends on how motivated people are to keep using TikTok and what the company decides to do.
“TikTok has 170 million users,” says Alan Rozenshtein, an associate professor of law at the University of Minnesota, who is in favor of the law but says it is the “best of a bunch of bad options” relating to TikTok. “This law will not prevent every one of them from accessing TikTok. I don’t think that was ever the goal of the law. The law is to make it meaningfully harder to access TikTok.”
Theoretically, at least, TikTok could shift its services providers—such as hosting companies or content delivery networks—to be based outside of the United States. Using technical infrastructure based abroad, for instance in Europe, could allow TikTok to be served to people in the US while operating within the bounds of the law.
While skirting the full-blown ban would allow people in the US to continue to use the app, that doesn’t mean the experience will be good. If videos are served from international locations, for example, load times may be slower for users, and it may be harder to upload videos. Using TikTok’s website isn’t the same experience as what the app provides, either. And that all depends on such a setup being possible at all.
“I do think that the number of companies that can do that, that are not headquartered in the US, is going to be small, especially considering how hard it is to switch from one cloud provider to another,” Hall says. “It’s really difficult depending on a number of factors.” Aside from technical challenges, international companies may not be willing to risk flying in the face of US restrictions, particularly under an aggressive Trump administration that has already threatened Greenland and economic penalties on other countries.
A TikTok ban would almost guarantee a spike in searches and downloads of virtual private networks (VPNs), which allow people to appear as if they are in a different geographic location to get around restrictions on content—for instance, trying to watch Netflix while abroad. Using a VPN within the US may allow the TikTok app to keep working, although it is unclear whether the company will place any restrictions on users it can determine are in the US by other means. The company’s support pages say SIM card registration details and other information can be used to pinpoint someone’s location.
Alternatively, it is likely Android users could download versions of TikTok outside of Google’s Play Store and install them on their devices. However, sideloading like this can come with security risks if the apps are not verified, and doing the same on an iPhone, via jailbreaking the device, is more technically complex.
Equally, moves such as changing locations of app stores to be outside of the US may come with unforeseen consequences and prove harder to maintain for general users in the long term. For instance, if you are changing an iCloud account’s location, Apple advises that you may need to cancel subscriptions and have a valid payment method for the location you are changing it to.
Prateek Waghre, a technology policy researcher based in India, where TikTok has been banned for four years and, despite an influx of some homegrown competitors, largely saw people move to Instagram Reels or YouTube’s Shorts, says overall restrictions on apps and websites weakens people’s experiences online and damages the internet as a whole.
“For many of us, [it is] the realization of one of our fears of a ‘splinternet,’” Waghre says. “You will have different kinds of access based on different geography, which is not what the experience of the internet was.”
Source : Wired
