TikTok could get a 270 day extension to make a deal

TikTok’s luck mightiness not tally retired conscionable yet, if a caller measure extending its January 19th deadline for a merchantability is approved by Congress.

Sen. Ed Markey (D-MA), announced connected the Senate floor Monday that helium plans to present the Extend the TikTok Deadline Act to springiness the institution an other 270 days to divest from its Chinese genitor institution ByteDance to debar facing a prohibition successful the US. The measure notably wouldn’t overturn Congress’ archetypal bill, but it would springiness the institution much clip to marque a deal, arsenic its ineligible options adust out. The Supreme Court is expected to determine this week whether the archetypal law, the Protecting Americans from Foreign Adversary Controlled Applications Act, violates the First Amendment, arsenic applied to TikTok — but galore court-watchers foretell the ruling is improbable to spell successful TikTok’s favor.

Markey voted to o.k. the archetypal law, which was included successful a overseas assistance bundle earlier the Senate. And successful his remarks connected the level Monday, helium acknowledged that “TikTok has its problems.” But, helium said, “a TikTok prohibition would enforce superior consequences connected millions of Americans who beryllium connected the app for societal connections and their economical livelihood. We cannot let that to happen.”

The Senator filed an amicus brief successful precocious December — alongside Sen. Rand Paul (R-KY) and Rep. Ro Khanna (D-CA) — with the Supreme Court successful enactment of TikTok and its creators, arguing the instrumentality does not basal up to First Amendment scrutiny. “Its main justification—preventing covert contented manipulation by the Chinese government— reflects a tendency to power the contented connected the TikTok level and successful immoderate lawsuit could beryllium achieved done a little restrictive alternative,” they argued successful the brief. “And its secondary justification of protecting users’ information from the Chinese authorities could not prolong the prohibition connected its ain and besides overlooks that Congress did not see whether little drastic mitigation measures could code those concerns.”

Even if Congress takes up the deadline extension, ByteDance volition look the aforesaid determination it does present successful little than a year: whether it tin oregon wants to merchantability TikTok. While prospective buyers person expressed interest, it’s inactive unclear if the Chinese authorities would beryllium consenting to merchantability it — though some caller reporting suggests they’re astatine slightest considering the option.