Yes, TikTok could still be banned. Here’s what you should know.

After years of failed attempts to ban video app TikTok because of its Chinese ownership, Congress passed a law in April requiring the company to shut down or sell to an American owner. TikTok fought back, saying a sale is impossible and a ban would infringe on users’ First Amendment right to free speech.

This legal battle is ongoing as the Jan. 19 deadline for a sale approaches and, ironically, both major-party presidential candidates are amassing large followings on TikTok. Here’s what might happen to the app and what you can do today to protect your data and content.

What’s the latest ban update?

Three federal judges heard arguments from TikTok and a few high-profile content creators on Monday, as the company attempts to show that a ban or forced sale - which Congress overwhelmingly approved earlier this year - would violate U.S. users’ right to free speech.

Monday’s hearing hinged on the U.S. government’s motivations for targeting TikTok and ByteDance, the app’s Beijing-based owner. TikTok’s lawyer argued that Congress had unfairly singled out a foreign-owned company for censorship and that its concerns were entirely speculative. The government, on the other hand, said it isn’t attempting to censor any speech or content on the app. Rather, it’s trying to protect Americans from algorithmic manipulation and sprawling data collection.

Judges asked the government’s representation what would prevent Congress from forcing more foreign-owned companies to sell or divest. They asked TikTok how selling the app to a U.S. owner would threaten Americans’ right to free speech.

What’s next?

Both sides have asked that the court make a ruling by December, which would leave time for an appeal before the Jan. 19 deadline for a ban or sale. On appeal, the case would be likely to go to the Supreme Court.

ByteDance has said that a sale isn’t feasible - the deadline is too soon and the Chinese government won’t want to share the technology behind the app’s spot-on recommendation algorithm. President Joe Biden’s successor will have the option to extend the deadline by 90 days if a sale is in progress. So far, rumors of a potential buyer for the app have been speculative.

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Is TikTok really going to be banned?

Nobody’s sure.

TikTok started the clock in June on its attempt to stop a law signed in April. The law is an ultimatum to the Chinese technology giant ByteDance: Sell TikTok to a company that isn’t Chinese by early next year or face a ban on the app in the United States.

TikTok, ByteDance and a group of TikTok users have said the law violates the Constitution by targeting a single company and by trying to outlaw an app that has used free expression.

In the court filing, TikTok’s lawyers also said the Biden administration undercut discussions that proposed giving the government an unusual amount of oversight over TikTok. The company said that would have resolved U.S. officials’ security concerns without a nationwide ban.

Any ban on TikTok in the United States won’t happen for months - or possibly years as the matter drags on in courts, experts say. But this is the closest the United States has come to kicking out an app that TikTok says is used by about half the country.

Could TikTok find a new owner in time?

This outcome seems difficult.

A few prominent Americans have said they’re interested in trying to take over TikTok, with or without the secret computer code that tailors videos to each person’s tastes. It won’t be easy.

A purchase of TikTok would probably cost tens of billions of dollars or far more. Rich companies like Meta and Google probably won’t try to buy TikTok because the government wouldn’t let them.

Why does the U.S. want to ban TikTok?

Many U.S. government officials worry that China’s government can force TikTok to hand over data from Americans’ smartphones or manipulate the videos people see on TikTok toward the preferences of the Chinese Communist Party.

Those concerns are largely hypothetical. U.S. officials have not made public evidence that China’s government has systematically manipulated TikTok. And ByteDance says it has sequestered U.S. user data outside of Chinese-owned servers through a partnership with cloud-computing company Oracle.

But the officials who worry about TikTok, including some national security leaders, say it’s a unique risk. It’s one of the most widely used apps in the United States. And it got popular at a time when most Americans and U.S. officials don’t trust China. Mistrust of China is one of the few bipartisan issues in Washington.

TikTok also functions like a personalized TV channel that could influence Americans’ views about elections or the Israel-Gaza war. Proponents of a ban have argued that China will inevitably try to get its hands on the app’s troves of data on U.S. users and their political persuasions.

Legislators have also grilled TikTok’s CEO and other technology executives over the spread of child sexual abuse material through their apps and the potential harm to children’s mental health from social media use.

How can I save my TikTok data?

For now, your experience should remain the same on the app, but you can start planning for a potential shutdown. See whether your favorite creators also post on other apps and follow them there, too.

If you post to TikTok, make sure your videos are backed up by going to your profile → Settings and privacy → Account → Download your data.

What are the alternatives to TikTok?

TikTok clones are everywhere.

YouTube Shorts, Instagram Reels and Snapchat’s Spotlight are also feeds of short vertical videos tailored to your tastes.

If TikTok is removed from app stores in the United States, we’ll probably see more companies trying to come up with alternatives. That’s what happened after Elon Musk bought Twitter.

What does this mean for creators on the app?

Eight TikTok creators have separately challenged the forced-sale law. They said there’s no good alternative to TikTok for sharing their views, promoting their businesses and earning income from their videos. TikTok says the app pumps $24 billion into the U.S. economy every year.

Congressional aides also previously told The Washington Post that they believed another ByteDance-owned app, CapCut, would also have to be sold or banned. It’s widely used to create short videos on TikTok and elsewhere online.

How can I protect myself on TikTok?

As for the concerns being voiced by lawmakers, you should decide for yourself on your personal TikTok risk tolerance.

If you’re uneasy about watching or posting on TikTok, it’s safest not to use the app at all. Even if you like using TikTok, or your child does, it’s worth considering changes to keep your information more private from the company and other people who use the app.

Don’t share your contacts with TikTok. The app will repeatedly ask for permission to access the contacts on your phone or link to your Facebook account. That data can reveal more than you expect about you or your friends.

Set up a new and more anonymous TikTok account. Create an email address that you use only for your TikTok account.

Block TikTok from collecting information on what you do outside its app. On iPhones and Android devices, say no when the app asks for permission to track you - or, even better, adjust the setting so no apps can do so.

Start fresh on TikTok’s video recommendations. If you’re tired of seeing so many political or science fiction videos, you can follow these steps to steer TikTok’s algorithm or use the “Refresh” feature to start the For You feed from scratch.

Go to your Profile → Settings and privacy → Content preferences → Refresh your For You feed.

Watch TikTok videos on a web browser. You won’t get a personalized feed of videos or be able to follow specific accounts, but you can just watch individual TikTok videos on the web without downloading the app.

For parents, TikTok has a feature to link their accounts with a teen’s. You can control settings including daily time limits for the app and who can comment on your teen’s videos.