Biden punts the TikTok ban to Trump

The Biden administration says it will leave it to incoming President Donald Trump to figure out how to deal with the mess of the TikTok ban, ABC News reports.

“Our position on this has been clear: TikTok should continue to operate under American ownership,” a White House official told ABC News. “Given the timing of when it goes into effect over a holiday weekend a day before inauguration, it will be up to the next administration to implement.”

But don’t get too excited just yet. Even though Trump has offered vague promises to save TikTok, there’s still not much he can do to eliminate the huge monetary risk companies like Apple and Google could face so long as the law is on the books. And for that matter, the same goes for Biden — unless he formally extends the timeline for a sale of TikTok by Chinese owner ByteDance by up to 90 days before the ban take effect.

The White House statement to ABC does not appear to suggest that Biden plans to take that route, and the Biden administration did not immediately respond to The Verge’s request for clarification. But technically, to grant an extension, Biden would need to see progress toward a sale. So far, according to multiple reports, ByteDance has been focused on fighting the law, rather than exploring potential buyers. Even so, a handful of Democratic lawmakers led by Sen. Ed Markey (D-MA) — who is trying to get Congress to extend the deadline — pleaded in a letter to Biden to use the 90 day extension.

While TikTok itself is not mandated by the law to shut down, it may still choose to go dark as it’s reportedly planned if it fears its US service providers including Oracle might choose not to risk helping it operate or update. TikTok, Oracle, Apple, and Google have not yet said publicly how they plan to handle Sunday’s deadline. We also still haven’t heard from the Supreme Court — which seemed poised to uphold the law and just said on Thursday that it “may announce opinions” at 10AM ET on Friday — but since it’s so far declined to pause it, the ban will at least technically take effect on Sunday, whether or not anyone else chooses to do something about it.