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“The statements issued today by both the Biden White House and the Department of Justice have failed to provide the necessary clarity and assurance to the service providers that are integral to maintaining TikTok’s availability to over 170 million Americans,”the company said in a statement Friday evening. “Unless the Biden Administration immediately provides a definitive statement to satisfy the most critical service providers assuring non-enforcement, unfortunately TikTok will be forced to go dark on January 19.”

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Of course, the Biden administration’s power runs out on Monday, and White House aides have made clear that implementation of the law is entirely up to the incoming administration.

In the meantime, TikTok executives seem to be operating out of an abundance of caution, fearing legal and financial penalties and exerting maximum pressure to keep the app alive in the United States over the long term.

Earlier Friday, the high court handed down an unsigned opinion in the TikTok case, and there were no noted dissents.

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In its opinion, the Supreme Court acknowledged that for 170 million Americans TikTok offers “a distinctive and expansive outlet for expression, means of engagement, and source of community.”

But the court said, Congress was focused on national security concerns and that, the court said, was a deciding factor in how it weighed the case.

“Congress has determined that divestiture is necessary to address its well-supported national security concerns regarding TikTok’s data collection practices and relationship with a foreign adversary,” the court wrote.

In a TikTok video responding to the decision, TikTok CEO Shou Chew suggested the company will continue its efforts to ensure the app remains accessible for Americans — potentially now with an assist from President-elect Trump.

“We have been fighting to protect the constitutional right of free speech for the more than 170 million Americans who use our platform every day to connect, create, discover and achieve their dreams,” Chew said. “On behalf of everyone at TikTok, and our users across the country, I want to thank President Trump for his commitment to work with us to find a solution that keeps TikTok available in the United States.”

He added: “We are grateful and pleased to have the support of a president who truly understands our platform, one who has used TikTok to express his own thoughts and perspectives, connecting with the world and generating more than 60 billion views of his content in the process.”

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But the Biden administration – which ends in less than 72 hours – said it was time for Trump to take the baton on the ban.

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“Given the sheer fact of timing, this administration recognizes that actions to implement the law simply must fall to the next administration, which takes office on Monday,” she added.

Companies and content creators connected to TikTok’s operations in the US – caught in limbo between the two administrations – are seeking assurances that a ban on the popular app and any penalties won’t be enforced right away.

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“From what we’ve heard already … that the implementation is up to the new administration already suggests that they don’t plan on enforcing it,” Jeffrey Fisher, who represented TikTok users in the challenge to the ban, said on 【 - Free Predictions 】’s “The Lead with Jake Tapper.”

“But just given the nature of the law and how many people in the country are watching this,” Fisher said, “we’re just seeking additional clarification that there’s a little breathing space for the new administration to come in and take a fresh look at this.”

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In his video, Chew told viewers, “Rest assured we will do everything in our power” to ensure the popular app remains available, adding: “More to come.”

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“Data collection and analysis is a common practice in this digital age. But TikTok’s scale and susceptibility to foreign adversary control, together with the vast swaths of sensitive data the platform collects, justify differential treatment to address the Government’s national security concerns,” they wrote.

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Conservative Justice Neil Gorsuch wrote a concurrence sketching out distinctions in how he viewed the case from a legal perspective, while stressing that these thoughts came with just a very limited time that the court had to review and decide the case.

He said that he had “serious reservations” about the level of scrutiny the court’s opinion applied to the law, indicating that he thought “strict scrutiny” – which sets a higher bar for the government to overcome to prove the law’s constitutionality – may have been the more appropriate approach.

“Speaking with and in favor of a foreign adversary is one thing. Allowing a foreign adversary to spy on Americans is another,” he wrote.

Liberal Justice Sonia Sotomayor, also concurring in the court’s opinion, wrote separately to air her disagreement with the court’s decision to “assume without deciding” that the law implicates the First Amendment.

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