TikTok ban: Sen. Markey tries to give a 270 day extension

TikTok’s luck might not run out just yet, if a new bill extending its January 19th deadline for a sale is approved by Congress.

Sen. Ed Markey (D-MA), announced on the Senate floor Monday that he plans to introduce the Extend the TikTok Deadline Act to give the company an extra 270 days to divest from its Chinese parent company ByteDance to avoid facing a ban in the US. The bill notably wouldn’t overturn Congress’ initial bill, but it would give the company more time to make a deal, as its legal options dry out. The Supreme Court is expected to decide this week whether the initial law, the Protecting Americans from Foreign Adversary Controlled Applications Act, violates the First Amendment, as applied to TikTok — but many court-watchers predict the ruling is unlikely to go in TikTok’s favor.

Markey voted to approve the initial law, which was included in a foreign aid package before the Senate. And in his remarks on the floor Monday, he acknowledged that “TikTok has its problems.” But, he said, “a TikTok ban would impose serious consequences on millions of Americans who depend on the app for social connections and their economic livelihood. We cannot allow that to happen.”

The Senator filed an amicus brief in late December — alongside Sen. Rand Paul (R-KY) and Rep. Ro Khanna (D-CA) — with the Supreme Court in support of TikTok and its creators, arguing the law does not stand up to First Amendment scrutiny. “Its principal justification—preventing covert content manipulation by the Chinese government— reflects a desire to control the content on the TikTok platform and in any event could be achieved through a less restrictive alternative,” they argued in the brief. “And its secondary justification of protecting users’ data from the Chinese government could not sustain the ban on its own and also overlooks that Congress did not consider whether less drastic mitigation measures could address those concerns.”

Even if Congress takes up the deadline extension, ByteDance will face the same decision it does now in less than a year: whether it can or wants to sell TikTok. While prospective buyers have expressed interest, it’s still unclear if the Chinese government would be willing to sell it — although some recent reporting suggests they’re at least considering the option.