Short video platform has until Sunday to shutter its U.S. operations or find a buyer
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Why is the U.S. banning TikTok?
TikTok’s legal team argued that a ban would have a “staggering” impact on the free speech of its American users, but the top court disagreed. “Congress has determined that divestiture is necessary to address its well-supported national security concerns regarding TikTok’s data collection practices and relationship with a foreign adversary. We conclude that the challenged provisions do not violate petitioners’ First Amendment rights,” the court said in its ruling.
Could the ban be delayed or reversed?
Some Capitol Hill policymakers are also now trying to buy more time to broker a TikTok sale to a U.S.-approved buyer. Democratic lawmakers including Senator Ed Markey and Cory Booker introduced legislation on Thursday to push back the Jan. 19 deadline, citing the “serious consequences” for millions of Americans and their businesses if TikTok were to shut down.
What is Canada’s stance on TikTok?
TikTok’s case is rare and “a big deal,” said a senior partner at a Toronto law firm who asked not to be named because their firm represents other social media platforms. “To have a company wind-up its business operation on Canadian soil is a draconian approach (that is) not taken lightly,” he said. “You’re unscrambling the eggs, because they’ve already established an operation here, hired people and are contributing to the economy.” TikTok is challenging the government’s order and filed for a stay in Vancouver’s federal court last December. For now, TikTok’s Canadian offices in Toronto and Vancouver remain operational and employ hundreds.
What does a potential U.S. ban mean for Canada?
If the U.S. follows through with the ban on TikTok, “Canada will be hard-pressed not to take similar action,” said Vivek Krishnamurthy, director of the University of Colorado Boulder’s Technology Law and Policy Clinic and former law professor at the University of Ottawa who recently served on Canada’s online safety expert advisory group. Even if Ottawa abstains from a full ban, a U.S. ban means that Canadian users could experience a “degraded version” of TikTok, he said. “I would expect that a significant percentage of TikTok Canadian traffic is served from infrastructure in the U.S. It seems to me that if TikTok goes dark in the U.S., Canadian users are likely to feel an impact.” The Canadian government has not commented on the U.S. bill or announced any similar action. TikTok Canada declined to comment but confirmed that the app remains available in Canada.