“What if they ban TikTok and people keep using it anyway?” asks the New York Times, saying a pending ban in America “is vague on how it would be enforced”
Some experts say that even if TikTok is actually banned this month or soon, there may be so many legal and technical loopholes that millions of Americans could find ways to keep TikTok’ing. The law is “Swiss cheese with lots of holes in it,” said Glenn Gerstell, a former top lawyer at the National Security Agency and a senior adviser at the Center for Strategic and International Studies, a policy research organization. “There are obviously ways around it….” When other countries ban apps, the government typically orders internet providers and mobile carriers to block web traffic to and from the blocked website or app. That’s probably not how a ban on TikTok in the United States would work. Two lawyers who reviewed the law said the text as written doesn’t appear to order internet and mobile carriers to stop people from using TikTok.
There may not be unanimity on this point. Some lawyers who spoke to Bloomberg News said internet providers would be in legal hot water if they let their customers continue to use a banned TikTok. Alan Rozenshtein, a University of Minnesota associate law professor, said he suspected internet providers aren’t obligated to stop TikTok use “because Congress wanted to allow the most dedicated TikTok users to be able to access the app, so as to limit the First Amendment infringement.” The law also doesn’t order Americans to stop using TikTok if it’s banned or to delete the app from our phones….
Odds are that if the Supreme Court declares the TikTok law constitutional and if a ban goes into effect, blacklisting the app from the Apple and Google app stores will be enough to stop most people from using TikTok… If a ban goes into effect and Apple and Google block TikTok from pushing updates to the app on your phone, it may become buggy or broken over time. But no one is quite sure how long it would take for the TikTok app to become unusable or compromised in this situation.
Users could just sideload the app after downloading it outside a phone’s official app store, the article points out. (More than 10 million people sideloaded Fortnite within six weeks of its removal from Apple and Google’s app stores.) And there’s also the option of just using a VPN — or watching TikTok’s web site.
(I’ve never understood why all apps haven’t already been replaced with phone-optimized web sites…)