Biden administration will leave it to Trump to implement TikTok ban

TikTok may go offline for U.S. users on Sunday, according to an administration official speaking to ABC News. However, the Biden administration has indicated it will not enforce the law mandating the shutdown, which is set to take effect one day before the presidential inauguration.

TikTok itself could voluntarily shut down on Sunday to highlight the impact of the ban on its reported 170 million monthly users in the U.S. But a White House official clarified, "Our position has been clear: TikTok should operate under American ownership. Given the timing—over a holiday weekend and a day before the inauguration—it will be up to the next administration to implement this."

Under the law, TikTok is not directly required to cease operations on Jan. 19. Instead, app stores and internet hosting services would face potential liability if they continue supporting TikTok. The Justice Department could impose fines of up to $5,000 per user—a significant risk given the platform's widespread popularity.

Even if President Joe Biden—or outgoing President Donald Trump—chooses not to enforce the ban, tech companies like Apple, Google, and Oracle would remain at risk unless TikTok’s ownership by ByteDance, its Chinese parent company, is resolved. None of these companies have publicly commented on their plans for Sunday.

Both administrations have limited authority to delay the ban. The law allows for a one-time 90-day extension, but only under strict conditions: TikTok must demonstrate it is on a clear path to divestment from ByteDance, show significant progress toward the sale, and secure binding legal agreements confirming that progress. As of now, there is no indication that these criteria have been met.

In a last-minute effort, a group of Democratic lawmakers proposed a bill to give ByteDance an additional 270 days to divest. However, Republican Senator Tom Cotton, citing national security concerns, blocked the measure. This leaves the fate of TikTok uncertain as the deadline approaches.