WASHINGTON (AP) — President Joe Biden will not implement a ban on the social media app TikTok that was scheduled to take effect one day before he leaves office on Monday, a federal government official reported on Thursday, leaving the fate of the app in the hands of President-elect Donald Trump.
Last year, Congress, in a law enacted by Biden, required the Chinese-based parent company of TikTok, ByteDance, to separate from the company before January 19, one day before the presidential inauguration. The official stated that the outgoing government will leave the implementation of the law—and the potential enforcement of the ban—in Trump's hands.
The official spoke on condition of anonymity to discuss the internal deliberations of the Biden administration.
Trump, who at one point called for banning the app, has since committed to keeping it available in the United States, although his transition team has not said how they plan to achieve this.
Meanwhile, the election to serve as national security advisor to the president-elect, Representative Mike Waltz, pointed out that the new government could take steps to "prevent TikTok from disappearing."
Waltz said on Thursday to Fox News channel on the program "Fox & Friends" that the federal law that could ban TikTok on Sunday also "allows for an extension as long as a viable agreement is on the table."
The effort to save TikTok, as well as the measure to ban it in the United States, has crossed party lines. Senate Democratic leader Chuck Schumer said he spoke with Biden on Thursday to advocate for extending the deadline to ban TikTok.
"It is clear that more time is needed to find an American buyer and not disrupt the lives and livelihoods of millions of Americans, of so many influencers who have built a good network of followers," Schumer said on Thursday on the Senate floor.
On Wednesday, Democrats tried to pass a bill that would have extended the deadline, but Republican Senator Tom Cotton from Arkansas blocked it. Cotton, chairman of the Senate Intelligence Committee, pointed out that TikTok has had enough time to find a buyer.
“TikTok is a spying application from the Chinese Communist Party that hooks our children, harvests their data, directs them with harmful and manipulative content, and spreads communist propaganda,” Cotton asserted.
It is planned that the CEO of TikTok, Shou Zi Chew, will attend Trump's inauguration and occupy a privileged place on the platform alongside technology billionaires Elon Musk, CEO of SpaceX, Meta CEO Mark Zuckerberg, OpenAI CEO Sam Altman, and Amazon founder Jeff Bezos, according to two people familiar with the matter. The individuals spoke on condition of anonymity to discuss internal planning.
Last week, the Supreme Court heard oral arguments in a legal challenge to the statute filed by TikTok, its parent company ByteDance, and users of the app. The judges seemed inclined to uphold the law, which requires ByteDance to separate from TikTok for national security reasons or face a ban in one of its largest markets.
"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 excellent for his campaign and spreading his message. But number two, he will protect their data," Waltz said on Wednesday.
"He is a negotiator. I don't want to get ahead of our executive orders, but we are going to create this space to implement that agreement," he added.
On Wednesday, separately, Pam Bondi, Trump's pick for Attorney General, dodged a question during a Senate hearing about whether she would uphold a TikTok ban.
Trump has changed his stance on the popular app, after trying to ban it during his first term due to national security concerns. He joined TikTok during his 2024 presidential campaign and his team used it to connect with younger voters, especially men, and posted content that was often sexist and intended to go viral. He pledged to “save TikTok” during the campaign and has credited the platform with helping him win more youth votes.