January 29, 2025
What is happening with TikTok? Here are the facts.
There is no sale that has been completed.
The countdown to a ban is ticking and the app is still not available in the app stores.
So again – what is going on?
Well – I was just in a briefing with TikTok’s lawyers and had a follow up one-on-one conversation to get more of my questions answered and here’s what we know.
First – TikTok was clear that the short shutdown of the app that we all experienced just a few weeks ago was “not a stunt.” TikTok’s lawyers say the shutdown was in direct response to the law and their lack of clarity at the time about whether they would be able to operate and still comply with the law that banned the app.
When it comes to the sale, I asked if there is a preferred buyer that would be acceptable to TikTok that would at the same time minimize any changes for the 170 million American users. TikTok’s lawyers said that they do not take a position on who could potentially buy the platform…though they did say that everyone should take all the reports you’re seeing about Oracle, and Microsoft, and Mr. Beast and Mr. Wonderful and Elon Musk buying the app with a grain of salt. Specifically TikTok said – all of these same rumors were around back in 2020 when president Trump was trying to force a sale. I also can confirm that is accurate because I have videos about all those rumors from back in those days.
What TikTok’s lawyers *did* say about the sale — is that it’s their preference to “maintain the platform in its current form.” Whether that can happen or if that’s realistic– will depend on president trump and how he specifically wants to categorize the “qualified divestiture” or the sale of TikTok as required by the law.
The fact is — China has said TikTok’s algorithm is on a Chinese export control list. Meaning the Chinese government will not allow any algorithm that has originated in their country to be sold to anyone outside of China. So it is unclear how TikTok can be sold, make president trump happy, comply with the law and keep the algorithm in the united states while also “maintaining the platform in its current form”. It’s possible, China has soften on its stance on the algorithm and maybe now they’re willing to let it go. But we don’t know that yet. As I’ve reported before – the law says it’s up to president Trump to determine what would qualify as a satisfactory sale… there could be a way for president trump to make it happen based on all the things TikTok has already done to ensure u-s user data safety and security…but will he? Right now – we don’t know that either.
As for the app not being available in the app store – the lawyers said it’s important that TikTok is available in the apple app store and the google play store not just so new users can download it, but so TikTok can send through critical updates for users who currently have the app installed on their phones. TikTok is concerned that having the platform out there with no availability for the company to patch potential software problems could leave American users vulnerable. The reason why the app is still not available is because apple and google say they are complying with the protecting Americans from foreign adversary controlled applications act. As I have told you repeatedly, just because Trump signed that executive order giving TikTok 75 days to find a buyer and complete a sale does not mean the ban on TikTok went away. It’s still in place…it just that Trump is saying his administration won’t enforce the massive penalties on companies that support TikTok in any way while the ban is in place. Trump has said he will have his attorney general send companies like apple and google a letter confirming that they will not incur any of those massive fines but trump’s AG pick, Pam Bondi has not yet been confirmed. So, to our knowledge that letter has not gone out and even if it does go out, it’s still unclear if that will be enough for google and apple to allow TikTok to appear in their app stores again while the ban is still in effect.
