A US federal appeals court will determine TikTok's fate in the United States by December 6, ruling on whether ByteDance must divest the platform by January 19, 2024, or face a nationwide ban.

Circuit Judges Sri Srinivasan, Neomi Rao, and Douglas Ginsburg are evaluating legal challenges from TikTok and its users against the proposed ban. The court has several potential ruling options:

1. Uphold the law, forcing TikTok to appeal to the Supreme Court or full DC circuit
2. Rule the law unconstitutional as a "Bill of Attainder" that unfairly targets ByteDance
3. Direct the government to certify TikTok as a national security threat
4. Declare the law unconstitutional based on Americans' free speech rights

The Justice Department argues that Chinese-owned TikTok threatens national security by potentially allowing China to access American user data and manipulate information consumption. ByteDance counters that the ban would violate America's tradition of an open internet.

President-elect Trump has reversed his previous stance and now opposes the ban, citing concerns about benefiting Meta, which has suspended his social accounts.

The DC Appeals Court typically issues rulings on Tuesdays and Fridays, with the decision expected by Friday, December 6.

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