TikTok's All-or-Nothing Gamble: A Deep Rewind (AI Translation)
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文|财新周刊 关聪 包云红
By Caixin Weekly's Guan Cong and Bao Yunhong
编辑引言:TikTok在美国迎来转机。美国时间12月18日,美国联邦最高法院宣布受理TikTok针对禁令发起的上诉,联邦最高法院要求原告TikTok及字节跳动和被告美国司法部就禁令法案是否违反美国宪法第一修正案提交书面意见并当庭辩论,共计两小时的辩论将在2025年1月10日进行,法院将在辩论后作出裁决。
Editor's Introduction: TikTok sees a turn of events in the U.S. On December 18, U.S. time, the U.S. Supreme Court announced that it would hear TikTok's appeal against the ban. The Supreme Court has asked the plaintiff TikTok, along with ByteDance, and the defendant, the U.S. Department of Justice, to submit written opinions on whether the ban violates the First Amendment of the U.S. Constitution and to present their cases in an in-court debate. This two-hour debate is scheduled for January 10, 2025, with the court set to make a ruling following the arguments.
4月24日美国国会通过禁令,如果TikTok在270天内没有从字节跳动剥离,它将从应用商店下架,告别1.7亿名美国用户。任何应用商店若为美国用户提供TikTok App服务都要被处以巨额罚款,同时切断了用户通过其他国家应用商店下载的路径。
On April 24, the U.S. Congress passed a ban stipulating that if TikTok does not separate from its parent company ByteDance within 270 days, it will be removed from app stores, potentially losing access to its 170 million American users. Any app store providing TikTok services to U.S. users will face hefty fines, while blocking users from downloading TikTok through app stores in other countries.
此后TikTok选择上诉。然而,12月7日,美国哥伦比亚特区巡回上诉法院驳回了TikTok起诉美国司法部、判定禁令违宪的诉求,维持要求其从母公司字节跳动剥离的封禁令。
Subsequently, TikTok opted to appeal. However, on December 7, the U.S. Court of Appeals for the District of Columbia Circuit dismissed TikTok's lawsuit against the U.S. Department of Justice, which claimed the ban was unconstitutional, upholding the order requiring TikTok to be divested from its parent company, ByteDance.

- DIGEST HUB
- The U.S. Supreme Court will hear TikTok's appeal against a ban that requires separation from its parent company ByteDance by January 2025, impacting its 170 million U.S. users.
- TikTok, contributing significantly to U.S. GDP, faces risks like compliance costs and potential user migration due to the ban; its e-commerce platform TikTok Shop reported a boom but faces challenges.
- TikTok seeks to navigate regulatory challenges and potential market exits while considering external collaborations and alternative platforms like Lemon8 to mitigate impact on its business operations.
TikTok finds itself in a renewed conflict with the U.S. government due to regulatory decisions about its operations. On December 18, the U.S. Supreme Court declared it would hear TikTok's appeal against a ban imposed by the government. The hearing, scheduled for January 10, 2025, will examine whether the ban infringes on the First Amendment of the U.S. Constitution. TikTok’s urgency in contesting the decision is due to a deadline on January 19, 2025, by which it must separate from its parent company ByteDance or face removal from app stores [para. 1][para. 3].
The U.S. Congress initially passed a ban on April 24, 2024, mandating TikTok’s separation from ByteDance. Following the Circuit Court of Appeals' upholding of this congressional order, TikTok appealed to the Supreme Court, seeking to delay the ban while proceedings continue. This ban could result in the loss of its access to 170 million U.S. users, significant fines for app stores offering TikTok, and restrictions on downloading the app from other countries [para. 1][para. 3].
Despite TikTok's arguments against the ban—grounded in speculated threats to national security and free expression under the First Amendment—the court supported the U.S. government. This decision hinges on the government's assertion of safeguarding national security and limiting data collection by foreign entities [para. 2][para. 4].
Former President Donald Trump, viewed as a beacon of hope due to his previous support for the app, has not committed to intervening post-election. Trump was pivotal in previous debates about TikTok, but his current stance remains ambiguous. Though Trump utilized TikTok during his campaign, aiming to challenge monopolistic controls in the tech sector, he would need significant congressional support to reverse the current legislative measures [para. 6][para. 7].
TikTok contributes substantially to ByteDance's valuation and profits, accounting for a significant share of its $300 billion valuation and $100 billion revenue in 2023. The U.S. market is crucial, hosting 17% of TikTok’s user base [para. 14]. The potential ban would considerably affect the platform and its revenue streams as users and creators might migrate to other platforms, leading to severe financial impacts on its advertisements and user engagement [para. 14].
In the face of impending regulatory changes in the U.S., TikTok remains proactive in its global ventures and market strategies, evident in its e-commerce successes. TikTok Shop achieved notable sales during events like Black Friday, reflecting its increasing involvement in commerce [para. 15][para. 18]. Additionally, TikTok's other product lines, including Lemon8, exhibit growth. Lemon8's ability to integrate with TikTok presents broader optionality amid uncertainties surrounding TikTok's operational future in the U.S. [para. 19].
Looking forward, ByteDance's strategy increasingly involves diversification and enhancing operations beyond the U.S. due to these adversities. Despite the legislative challenges, ByteDance's potential alternatives, like the growth of Lemon8 and global expansion of TikTok Shop, display resilience in pursuing sustainability and innovation in varied markets [para. 19][para. 20].
The legal battle draws national attention involving issues of constitutional rights and broader geopolitical concerns over data security. The Supreme Court's forthcoming decision will likely set significant precedents affecting not just TikTok but the landscape of international tech operations within the U.S. [para. 20].
- ByteDance
- ByteDance, TikTok's parent company, has an overall valuation of $300 billion, with TikTok accounting for half of it. In 2023, ByteDance's global revenue surpassed $100 billion, with TikTok contributing nearly $16 billion. The U.S. is TikTok's most prioritized market, hosting 17% of its one billion monthly active users. ByteDance faces ongoing challenges due to geopolitical tensions and compliance costs, with significant investments in data security and legal defenses.
- Tesla
- The article mentions Elon Musk, CEO of Tesla, as the newly appointed head of the "Government Efficiency Department." TikTok's CEO sought Musk's help in pleading with former President Donald Trump to prevent the TikTok ban. Beyond this reference, the article does not provide further details about Tesla.
- Oracle
- Oracle partnered with TikTok to advance its data security plan by establishing local data centers. Despite heavy investments to ensure U.S. user data remains domestically controlled and inaccessible from outside, the geopolitical tensions surrounding TikTok continue. The partnership is part of TikTok's $1.5 billion "Project Texas," designed to protect U.S. user data from foreign interference, but has not entirely alleviated the scrutiny TikTok faces from U.S. political entities.
- Meta
- Meta is benefiting from TikTok's struggles, with its stock rising 2.4% following the court's decision to uphold TikTok's ban. Meanwhile, Meta's Instagram surpassed TikTok in global download numbers in Q3 2024. Meta's short video feature Reels comprises 25% of the U.S. Facebook usage time, and Meta's CEO Zuckerberg met with Trump post-election, signaling a potentially improved relationship with Trump's administration.
- Amazon
- The article mentions that in August 2024, TikTok partnered with Amazon to allow users to link their accounts and purchase products directly from TikTok. However, Amazon was subsequently questioned by the U.S. House's China Select Committee, highlighting concerns about collaborating with TikTok due to perceived national security risks.
- Susquehanna International Group
- Susquehanna International Group (SIG) is an early investor in ByteDance, owning 15% of its shares, with its founder Jeff Yass holding nearly half of those shares, valued at over $200 billion. Yass has financed conservative organizations and Republican politicians, being an active donor during the 2022 U.S. midterm elections and the 2024 presidential election. In March 2024, Jeff Yass met with Donald Trump, although Trump denied that the meeting discussed TikTok.
- Pinduoduo
- The article briefly mentions a person close to Pinduoduo stating that even with a potential additional 10-20% tariff, Temu (a U.S.-facing platform of Pinduoduo) and SHEIN would still maintain competitive pricing due to their significant price advantages over Amazon. This suggests that Pinduoduo's Temu platform has room to absorb such tariffs without losing its competitive edge in the U.S. market.
- April 24, 2024:
- The U.S. Congress passed a ban stating that if TikTok does not separate from ByteDance within 270 days, it will be removed from app stores.
- November 6, 2024:
- The Canadian government announced the decision to halt TikTok's operations within the country.
- December 6, 2024:
- U.S. President-elect Donald Trump was interviewed by NBC and did not provide a clear answer regarding his stance on TikTok.
- December 7, 2024:
- The U.S. Court of Appeals for the District of Columbia Circuit dismissed TikTok's lawsuit and upheld the order requiring TikTok to separate from ByteDance.
- December 9, 2024:
- TikTok decided to appeal to the U.S. Supreme Court and filed an emergency injunction motion.
- December 11, 2024:
- TikTok filed for a judicial review application with the Federal Court of Canada to overturn the Canadian ban.
- December 18, 2024:
- The U.S. Supreme Court announced it would hear TikTok's appeal against the ban and scheduled a debate for January 10, 2025.
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