TikTok's future in the U.S. appeared uncertain on Friday after a federal appeals court rejected a legal challenge to a law that requires the social media platform to cut ties with its China-based parent company or be banned by mid-January.
A panel of three judges on The U.S. Court of Appeals for the District of Columbia Circuit ruled unanimously that the law withstood constitutional scrutiny, rebuffing arguments from the two companies that the statute violated their rights and the rights of TikTok users in the U.S.
The government has said it wants ByteDance, TikTok's parent company, to divest its stakes. But if it doesn't and the platform goes away, it would have a seismic impact on the lives of content creators who rely on the platform for income as well as users who use it for entertainment and connection.
Here are some details on the ruling and what could happen next:
What does the ruling say?
In their lawsuit, TikTok and ByteDance, which is also a plaintiff in the case, had challenged the law on various fronts, arguing in part that the statute ran afoul of the First Amendment and was an unconstitutional bill of attainder that unfairly targeted the two companies.
But the court sided with attorneys for the Justice Department who said that the government was attempting to address national security concerns and the way in which it chose to do so did not violate the constitution.
The Justice Department has argued in court that TikTok poses a national security risk due to its connections to China. Officials say that Chinese authorities can compel ByteDance to hand over information on TikTok's U.S. patrons or use the platform to spread, or suppress, information. However, the U.S. hasn't publicly provided examples of that happening.
The appeals court ruling, written by Judge Douglas Ginsburg, said the law was “carefully crafted to deal only with control by a foreign adversary." The judges also rejected the claim that the statute was an unlawful bill of attainder or a taking of property in violation of the Fifth Amendment. Furthermore, Ginsburg wrote the law did not violate the First Amendment because the government is not looking to “suppress content or require a certain mix of content” on TikTok.
What happens next?
TikTok and ByteDance are expected to appeal the case to the Supreme Court, but it's unclear whether the court will take up the case.
TikTok indicated in a statement on Friday the two companies are preparing to take their case to high court, saying the Supreme Court has “an established historical record of protecting Americans’ right to free speech."
"We expect they will do just that on this important constitutional issue,” a company spokesperson said.
Alan Morrison, a professor at The George Washington University Law School, said he expects the Supreme Court to take up the case because of the novelty of the issues raised in the lawsuit. If that happens, attorneys for the two companies still have to convince the court to grant them an emergency stay that will prevent the government from enforcing the Jan. 19 divestiture deadline stipulated in the law, Morrison said.
Such a move could drag out the process until the Justices make a ruling.
Tiffany Cianci, a TikTok content creator who has supported the platform, said she was not shocked about the outcome of the court's ruling on Friday because lower courts typically defer to the executive branch on these types of cases. She believes the company will have a stronger case at the Supreme Court.
“I believe that the next stages are more likely to produce a victory for TikTokers and for TikTok as a whole,” Cianci said.
What about Trump?
Another wild card is President-elect Donald Trump, who tried to ban TikTok during his first term but said during the recent presidential campaign that he is now against such action.
The Trump transition team has not offered details on how Trump plans to carry out his pledge to “save TikTok." But spokeswoman Karoline Leavitt said in a statement last month that he plans to “deliver” on his campaign promises.
After Trump takes office on Jan. 20th, it would fall on his Justice Department to enforce the law and punish any potential violators. Penalties would apply to any app stores that would violate a prohibition on TikTok and to internet hosting services which would be barred from supporting it.
Some have speculated that Trump could ask his Justice Department to abstain from enforcing the law. But tech companies like Apple and Google, which offer TikTok's app on their app stores, would then have to trust that the administration would not come after them for any violations.
Craig Singleton, senior director of the China program at the Foundation for Defense of Democracies, said enforcement discretion — or executive orders — can not override existing law, leaving Trump with “limited room for unilateral action."
There are other things Trump could potentially do. It's possible he could invoke provisions of the law that allow the president to determine whether a sale or a similar transaction frees TikTok from “foreign adversary” control. Another option is to urge Congress to repeal the law. But that too would require support from congressional Republicans who have overwhelmingly supported the prospect of getting TikTok out of the hands of a Chinese company.
In a statement issued Friday, Republican Rep. John Moolenaar of Michigan, chairman of the House Select Committee on China, said he was “optimistic that President Trump will facilitate an American takeover of TikTok” and allow its continued use in the United States.
Is anyone trying to buy TikTok?
ByteDance has said it won't sell TikTok. And even if it wanted to, a sale of the proprietary algorithm that powers TikTok is likely to get blocked under Chinese export controls that the country issued in 2020.
That means if TikTok is sold without the algorithm, its likely that the buyer would only purchase a shell of the platform that doesn't contain the technology that made the app a cultural powerhouse.
Still, some investors, including Trump’s former Treasury Secretary Steven Mnuchin and billionaire Frank McCourt, have expressed interest in buying it.
This week, a spokesperson for McCourt’s Project Liberty initiative, which aims to protect online privacy, said participants in their bid have made informal commitments of more than $20 billion in capital. The spokesperson did not disclose the identity of the participants.
TikTok is inching closer to a potential ban in the US. So what's next?
https://arab.news/cukmb
TikTok is inching closer to a potential ban in the US. So what's next?
Nintendo says its new Switch 2 console will be released in 2025
- The initial reaction to the Nintendo Switch 2 was lackluster, and the company’s Tokyo-traded shares slumped 4.3 percent on Friday
LOS ANGELES: Gaming giant Nintendo revealed its newest console Thursday in a highly anticipated announcement gamers had been waiting for since rumors of its release first spread years ago.
But the initial reaction to the Nintendo Switch 2 was lackluster, and the company’s Tokyo-traded shares slumped 4.3 percent on Friday. Nintendo’s shares had surged to a record ahead of the announcement.
The successor to the Nintendo Switch system will be released this year, the promotional video says.
In the video, Nintendo showcases a larger version of the Switch that looks similar to its predecessor. It also shows the system’s controllers, or Joy-Cons, will attach to the side of Switch 2’s main unit rather than slide in.
The Nintendo Switch 2 will play Switch 2 exclusive games, as well as both physical and digital Nintendo Switch games. Some Nintendo Switch games may not be supported on or fully compatible with Nintendo Switch 2, the company said.
The announcement did not provide many details on the console. Nintendo says more information about the system will be available during the company’s April Nintendo Direct event. The Kyoto-based game developer said it will also host “Nintendo Switch 2 Experience” events in several countries, where players can get a hands-on experience with the new system.
Those events are planned for cities such as Los Angeles, New York, London and Paris beginning in April. Ticket registration for those events begins Friday, Nintendo said.
Young gorilla rescued from aircraft hold recovers at Istanbul zoo
- Both gorilla species — the western and eastern gorillas, which populate central Africa’s remote forests and mountains — are classified as endangered by the International Union for Conservation of Nature
ISTANBUL: A young gorilla rescued from a plane’s cargo hold is recovering at an Istanbul zoo, officials said on Sunday, while wildlife officers consider returning him to his natural habitat.
The 5-month-old gorilla was discovered in a box on a Turkish Airlines flight from Nigeria to Thailand last month. After a public competition, he has been named Zeytin, or Olive, and is recuperating at Polonezkoy Zoo.
“Of course, what we want and desire is for the baby gorilla … to continue its life in its homeland,” Fahrettin Ulu, regional director of Istanbul Nature Conservation and National Parks, said Sunday.
“What is important is that an absolutely safe environment is established in the place it goes to, which is extremely important for us.”
In the weeks since he was found, Zeytin has gained weight and is showing signs of recovering from his traumatic journey.
“When he first came, he was very shy. He would stay where we left him,” said veterinarian Gulfem Esmen.
“He does not have that shyness now. He does not even care about us much. He plays games by himself.”
FASTFACT
The 5-month-old gorilla was discovered in a box on a flight from Nigeria to Thailand last month.
Both gorilla species — the western and eastern gorillas, which populate central Africa’s remote forests and mountains — are classified as endangered by the International Union for Conservation of Nature.
As Istanbul emerges as a central air hub between continents, customs officials have increasingly intercepted illegally traded animals.
In October, 17 young Nile crocodiles and 10 monitor lizards were found in an Egyptian passenger’s luggage at the city’s Sabiha Gokcen Airport.
Meta nixes diversity and inclusion program as it prepares for second Trump administration
MENLO PARK, California: Joining companies such as John Deere and Walmart, Facebook and Instagram’s parent company Meta Platforms Inc. is getting rid of its diversity, equity and inclusion program that includes hiring, training and picking vendors, a company spokesperson confirmed on Friday.
The move, which was first reported by Axios, comes on the heels of the social media giant’s decision to end its third-party fact-checking program and scale back policies on hate speech and abuse.
Citing an internal memo sent to employees, Axios said the Menlo Park, California-based tech giant said the US Supreme Court “has recently made decisions signaling a shift in how courts will approach DEI. … The term ‘DEI’ has also become charged, in part because it is understood by some as a practice that suggests preferential treatment of some groups over others.”
In practice, this means Meta will no longer have a team focused on diversity and inclusion and the company said it will instead “focus on how to apply fair and consistent practices that mitigate bias for all, no matter your background.”
The company will also end it’s “diverse slate approach” to hiring, which meant that a diverse pool of candidates was considered for every open position.
Other companies that have ended DEI programs recently include McDonald’s, automaker Ford, Walmart and farm equipment maker John Deere.
US citizen denied entry into Poland after security staff object to handwritten notes in passport
- The unidentified passenger arrived at Krakow’s Balice airport on a flight from London
- She will remain at the airport for a return flight to London on Thursday
WARSAW: A US citizen has been blocked from entering Poland because her passport was defaced with handwritten notes, border officials said Wednesday.
The unidentified passenger arrived at Krakow’s Balice airport on a flight from London shortly after midnight, according to Justyna Drozdz, a local border security spokeswoman.
The woman was stopped at passport control because her document contained handwritten notes of locations and airport names under visa stamps from the countries she had visited.
The woman told border security staff she was unaware it was not permitted to write on passports or ID documents, Drozdz told Polish news agency PAP.
She will remain at the airport for a return flight to London on Thursday.
As a general rule, it is not permissible for the holder to write in a passport other than to provide a required signature and emergency contacts. Airlines and immigration officials often deny boarding or entry if they feel a passport has been damaged or defaced.
It was not clear why border officials elsewhere had not questioned the woman about her passport.
Iraqi archaeologists piece together ancient treasures ravaged by Daesh
NIMRUD: A decade after jihadists ransacked Iraq’s famed Nimrud site, archaeologists have been painstakingly putting together its ancient treasures, shattered into tens of thousands of tiny fragments.
Once the crown jewel of the ancient Assyrian empire, the archaeological site was ravaged by Daesh fighters after they seized large areas of Iraq and neighboring Syria in 2014.
The precious pre-Islamic artefacts destroyed by the jihadists are now in pieces, but the archaeologists working in Nimrud are undaunted by the colossal task they face.
“Every time we find a piece and bring it to its original place, it’s like a new discovery,” Abdel Ghani Ghadi, a 47-year-old expert working on the site, told AFP.
More than 500 artefacts were found shattered at the site, located about 30 kilometers (19 miles) from Mosul, the city in northern Iraq where IS established the capital of their self-declared “caliphate.”
Meticulous excavation work by Iraqi archaeologists has already yielded more than 35,000 fragments.
The archaeologists have been carefully reassembling bas-reliefs, sculptures and decorated slabs depicting mythical creatures, which had all graced the palace of Assyrian King Ashurnasirpal II nearly 3,000 years ago.
Seen from above, the pieces of the puzzle gradually come together. Shards of what just several years ago was a single artefact are placed side by side, protected by sheets of green tarpaulin.
Bit by bit, the image of Ashurnasirpal II appears on one bas-relief alongside a winged, bearded figure with curly hair and a flower on its wrist, as the restoration brings back to life rich details carved in stone millennia ago.
Another artefact shows handcuffed prisoners from territories that rebelled against the mighty Assyrian army.
Partially reconstructed lamassus — depictions of an Assyrian deity with a human head, the body of a bull or a lion and the wings of a bird — lay on their side, not far from tablets bearing ancient cuneiform text.
“These sculptures are the treasures of Mesopotamia,” said Ghadi.
“Nimrud is the heritage of all of humanity, a history that goes back 3,000 years.”
Founded in the 13th century BC as Kalhu, Nimrud reached its peak in the ninth century BC and was the second capital of the Assyrian empire.
Propaganda videos released by IS in 2015 showed jihadists destroying monuments with bulldozers, hacking away at them with pickaxes or exploding them.
One of those monuments was the 2,800-year-old temple of Nabu, the Mesopotamian god of wisdom and writing.
IS fighters wreaked havoc at other sites too, like the once-celebrated Mosul Museum and ancient Palmyra in neighboring Syria.
The jihadist group was defeated in Iraq in 2017, and the restoration project in Nimrud began a year later, only to be interrupted by the Covid-19 pandemic and restart in 2023.
Mohamed Kassim of the Academic Research Institute in Iraq told AFP that “until now, it has been a process of collection, classification and identification.”
About 70 percent of the collection work has been completed at the Assyrian palace site, with about a year’s worth of fieldwork left before restoration can begin in full force, said Kassim, noting it was a “complex operation.”
His organization has been working closely with Iraqi archaeologists, supporting their drive to “save” Nimrud and preserve its cultural riches, through training sessions provided by the Smithsonian Institution with financial support from the United States.
Kassim said that the delicate restoration process will require expertise not found in Iraq and “international support” due to the extent of the “barbaric” destruction in Nimrud.
“One of the most important ancient sites of the Mesopotamian civilization,” according to Kassim, Nimrud is a testament to a golden age of “the art and architecture of the Assyrian civilization.”
The site was first excavated by archaeologists in the 19th century and received international recognition for the immense lamassu figures that were taken to Europe to be exhibited in London’s British Museum and the Louvre in Paris.
Other artefacts from Nimrud have been on display in Mosul and Iraq’s capital Baghdad.
The site has also attracted figures like British author Agatha Christie, who visited there with her archaeologist husband.
On a recent tour of Nimrud, Iraq’s Culture Minister Ahmed Fakak Al-Badrani hailed the “difficult” work carried out by archaeologists there, collecting broken pieces and comparing them to drawings and photographs of the artefacts they attempt to reconstruct.
The vast destruction has made it impossible, at least for now, to ascertain which antiquities were stolen by Daesh, the minister said.
And the process will take time.
Badrani said he expects that it will take 10 years of hard work before the marvels of King Ashurnasirpal II’s palace can be seen again, complete.
