Both President Joe Biden’s administration, as well as President-elect Donald Trump, are reportedly looking into ways to keep TikTok available before a law banning the social media app goes into effect on Sunday.
Biden officials are “exploring options” so that TikTok stays live on Jan. 19, an administration official told NBC News.
“Americans shouldn’t expect to see TikTok suddenly banned on Sunday,” they noted.
However, a White House official said the ban will still be upheld as the administration doesn’t have the authority to go against previous rulings by Congress and an upcoming decision by the Supreme Court.
“We are not considering deferring enforcement,” they said, according to the news outlet. “Statutorily, we don’t believe we have the authority to do that.”
President Biden signed TikTok’s ban into law in April. Reasons behind the ban were motivated by concerns of national security as the app is owned by ByteDance, a Chinese company. The law addresses concerns that the platform may be used as spyware over American citizens and as a way to broadcast propaganda.
The enacted law requires ByteDance to sell TikTok to an outside buyer within nine months, with the deadline being on Sunday. It also gives the president the possibility to give out a one-time 90-day extension if significant steps are made towards ByteDance’s divestment of TikTok.
“Congress has already passed the bill,” Louisiana Republican Sen. John Kennedy said, according to NBC News. “What I’m hoping for is the owners of TikTok come forward and say, ‘We will never share Americans’ data with the Communist Party of China, and here’s how that will be enforced: divesting from the parent company.’”
The law is expected to go into effect on Sunday although the Supreme Court has yet to issue a ruling.
On the flip side, Trump publicly advocated for TikTok to be banned during the summer of 2020. During his most recent presidential campaign, he switched positions on the issue and push for a reversal of the ban issued under President Biden.
“I have a warm spot in my heart for TikTok,” he said last month, according to The Washington Post.
He asked the Supreme Court to pause the implementation of the ban in a brief. Trump then said he wants to sign an executive order to hold off the ban in order to allow for additional time to negotiate a sale or find another solution. Experts are skeptical about his ability to do so as the final decision belongs to the Supreme Court.
Executive orders “are not magical documents. They’re just press releases with nicer stationery,” Alan Rozenshtein, a former national security adviser to the Justice Department told The Washington Post. “TikTok will still be banned, and it will still be illegal for Apple and Google to do business with them. But it will make the president’s intention not to enforce the law that much more official.”