Can tech companies catch up with Donald Trump? An analysis of a recent TikTok ban and its impact on cloud computing and app stores
Trump seems to want TikTok available for his inauguration on Monday, because “Americans deserve” to see the event. Today, TikTok is banned until it sells to a non- Chinese company. Flouting that ban could result in huge penalties for Apple and Google’s app stores and other service providers. Companies will not face the fines if TikTok is allowed to continue. Will Trump-friendly companies break the law to make the president happy?
If companies are breaking the law, they would likely have a strong due process defense given Trump’s promises not to enforce it, Schettenhelm says. When you violate the law you are forcing yourself into a fight about the issue, he says. It is probably a winnable fight but when it is a fight with $850 billion in exposure, it is probably better to not get into it.
If Trump tries to overrule Congress in a way that’s illegal, someone with standing to sue could challenge him in court. Who might this be? One option is TikTok users who supported the ban and fear the Chinese government getting their data. The courts could say that TikTok wouldn’t be a good idea. He believes that Meta may be able to bring a claim. Or a service provider can attempt to get the court to clarify their liability without challenging the arrangement. But given tech companies’ attempts to avoid antagonizing Trump, that route seems unlikely.
The bill that Congress passed last year requires ByteDance, the Chinese parent company of TikTok, to either sell American operations or face a nationwide ban. But unlike countries that regularly engage in internet censorship, the US does not have centralized infrastructure to prevent Americans from accessing specific apps or websites.
The law also bans companies from providing data hosting services to TikTok. Oracle, which counts TikTok as one of its largest cloud computing customers, reportedly began telling staff to shut down servers that host US TikTok data on Saturday, according to The Information. Oracle did not immediately return a request for comment.
Getting the word out about a First Amendment ban on the Internet and its impact to TikTok and Other Byte Dance–owned apps
“It’s a blatant violation of the First Amendment,” says Evelyn Douek, a professor at Stanford Law School who specializes in online speech issues. Everyone that matters is going to listen to what the Supreme Court justices have to say about me. It’s hard to take the national security justification seriously, though, when in recent days presidents past and future as well as members of Congress seem to be backpedaling on whether an immediate shutdown is necessary after all.”
Some TikTok employees were worried about their jobs on Blind, a messaging app popular with tech workers. One user wrote, “Who else’s manager is still scheduling meetings next week about new, upcoming projects without acknowledging the ban?” A user said they have a strategy meeting next week. I am doing what I am told. It’s comforting in a way.”
TikTok, along with other Byte Dance-owned apps, is not currently in the US app stores. Several people have reported that they were able to access their timelines after they were listed as unavailable last night. Others regained access to their accounts with different degrees of function.