US Backtracks on TikTok Ban; App to Remain Legally Available for Now

Nov. 13, 2020

Stung byadverse court ordersand distracted by the increasinglychaotic transition of governmentfrom Donald Trump to Joe Biden, the US Commerce Department, said that it won’t enforce itsearlier order to shut down TikTokin the country. As per thelatest reportinThe Wall Street Journal, the DoC is not withdrawing the shutdown order entirely, but is putting it on hold“pending further legal developments.”

The move comes almost exactly a month and a half after a US court granted a preliminary injunction against a Trump administration order toban the viral video-sharing appin the country. The order by US District Judge, Carl J. Nichols, was in response to alawsuit filed by TikTok’s parent company, Bytedance. It only applied to the immediate ban that was set to go into effect September 27th but did not cover the broader set of restrictions that were set to go into effect on November 12th.

Another court order that went against the US government in this case was by District Judge Wendy Beetlestone in Philadelphia last month in a suit brought by three TikTok stars, comedian Douglas Marland, fashion guru Cosette Rinab and musician Alex Chambers. In a scathing observation regarding the US Commerce Department’s order, Judge Beetlestone said the action“presents a threat to the robust exchange of informational materials”and therefore, exceeds the government’s authority under federal laws.

So after all the controversies over the past several months, TikTok is still available to download in the US,unlike in India. While the ban was originally slated to go into effect September 18th, the US Commerce Departmentdelayed it by a weekto let ByteDance and Oracle sort out the nitty-gritty of the latter’sproposed takeoverof TikTok’s US operations, before being postponed further because of adverse court rulings, etc. It will be interesting to see how things go in the coming days in what seems like an ever-evolving saga.

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