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scoop:-origami-measuring-spoon-incites-fury-after-9-years-of-kickstarter-delay-hell

Scoop: Origami measuring spoon incites fury after 9 years of Kickstarter delay hell


The curious case of the missing Kickstarter spoons.

An attention-grabbing Kickstarter campaign attempting to reinvent the measuring spoon has turned into a mad, mad, mad, mad world for backers after years of broken promises and thousands of missing spoons.

The mind-boggling design for the measuring spoon first wowed the Internet in 2016 after a video promoting the Kickstarter campaign went viral and spawned widespread media coverage fawning over the unique design.

Known as Polygons, the three-in-one origami measuring spoons have a flat design that can be easily folded into common teaspoon and tablespoon measurements. “Regular spoons are so 3000 BC,” a tagline on the project’s website joked.

For gadget geeks, it’s a neat example of thinking outside of the box, and fans found it appealing to potentially replace a drawer full of spoons with a more futuristic-looking compact tool. Most backers signed up for a single set, paying $8–$12 each, while hundreds wanted up to 25 sets, a handful ordered 50, and just one backer signed up for 100. Delivery was initially promised by 2017, supposedly shipping to anywhere in the world.

But it’s been about nine years since more than 30,000 backers flocked to the Kickstarter campaign—raising more than $1 million and eclipsing Polygons’ $10,000 goal. And not only have more than a third of the backers not received their spoons, but now, after years of updates claiming that the spoons had been shipped, some backers began to wonder if the entire campaign might be a fraud. They could see that Polygons are currently being sold on social media and suspected that the maker might be abusing backers’ funds to chase profits, seemingly without ever seriously intending to fulfill their orders.

One Kickstarter backer, Caskey Hunsader, told Ars that he started doubting if the spoon’s designer—an inventor from India, Rahul Agarwal—was even a real person.

Ars reached out to verify Agarwal’s design background. We confirmed that, yes, Agarwal is a real designer, and, yes, he believes there is a method to the madness when it comes to his Kickstarter campaign, which he said was never intended to be a scam or fraud and is currently shipping spoons to backers. He forecasted that 2025 is likely the year that backers’ wait will finally end.

But as thousands of complaints on the Kickstarter attest, backers have heard that one before. It’s been two years since the last official update was posted, which only promised updates that never came and did not confirm that shipments were back on track. The prior update in 2022 promised that “the time has finally arrived when we begin bulk shipping to everyone!”

Hunsader told Ars that people seem mostly upset because of “bullshit,” which is widely referenced in the comments. And that anger is compounded “by the fact that they are producing, and they are selling this product, so they are operating their business using funds that all these people who were their first backers gave them, and we’re the ones who are not getting the product. I think that’s where the anger comes from.”

“It’s been years now, and [I’ve] watched as you promise good people their products and never deliver,” one commenter wrote. “Wherever you try… to sell [your] products, we will be there reminding them of the empty orders you left here.”

“Where is my item? I am beyond angry,” another fumed.

Those who did receive their spoons often comment on the substantial delays, but reviews are largely positive.

“Holy crap, folks,” a somewhat satisfied backer wrote. “Hell has frozen over. I finally got them (no BS).”

One backer was surprised to get twice as many spoons as expected, referencing an explanation blaming Chinese New Year for one delay and writing, “I can honestly say after 8 years… and an enormous amount of emails, I finally received my pledge. Except… I only ordered 3… and I received 6. I’d be inclined to ship some back to Polygons… bare with me… I’ll return them soon… I appreciate your patience… mebbe after Chinese New Years 2033…”

Agarwal agreed to meet with Ars, show us the spoon, and explain why backers still haven’t gotten their deliveries when the spoon appears widely available to purchase online.

Failing prototypes and unusable cheap knockoffs

As a designer, Agarwal is clearly a perfectionist. He was just a student when he had the idea for Polygons in 2014, winning design awards and garnering interest that encouraged him to find a way to manufacture the spoons. He felt eager to see people using them.

Agarwal told Ars that before he launched the Kickstarter, he had prototypes made in China that were about 85 percent of the quality that he and his collaborators at InventIndia required. Anticipating that the quality would be fully there soon, Agarwal launched the Kickstarter, along with marketing efforts that Agarwal said had to be squashed due to unexpectedly high interest in the spoons.

This is when things started spiraling, as Agarwal had to switch manufacturers five times, with each partner crashing into new walls trying to execute the novel product.

Once the Kickstarter hit a million dollars, though, Agarwal committed to following through on launching the product. Eventually, cheap knockoff versions began appearing online on major retail sites like Walmart and Amazon toward the end of 2024. Because Agarwal has patents and trademarks for his design, he can get the knockoffs taken down, but they proved an important point that Agarwal had learned the hard way: that his design, while appearing simplistic, was incredibly hard to pull off.

Ars handled both a legitimate Polygons spoon and a cheap knockoff. The knockoff was a flimsy, unusable slab of rubber dotted with magnets; the companies aping Agarwal’s idea are seemingly unable to replicate the manufacturing process that Agarwal has spent years perfecting to finally be able to widely ship Polygons today.

On the other hand, Agarwal’s spoon is sturdy, uses food-grade materials, and worked just as well measuring wet and dry ingredients during an Ars test. A silicon hinge connects 19 separate plastic pieces and ensures that magnets neatly snap along indented lines indicating if the measurement is a quarter, half, or whole teaspoon or tablespoon. It took Agarwal two and a half years to finalize the design while working with InventIndia, a leading product development firm in India. Prototyping required making special molds that took a month each to iterate rather than using a 3D-printing shortcut whereby multiple prototypes could be made in a day, which Agarwal said he’d initially anticipated could be possible.

Around the time that the prototyping process concluded, Agarwal noted, COVID hit, and supply chains were disrupted, causing production setbacks. Once production could resume, costs became a factor, as estimates used to set Kickstarter backer awards were based on the early failed Chinese prototype, and the costs of producing a functioning spoon were much higher. Over time, shipping costs also rose.

As Kickstarter funds dwindled, there was no going back, so Agarwal devised a plan to sell the spoons for double the price ($25–$30 a set) by marketing them on social media, explaining this in a note to backers posted on the Polygons site. Those sales would fund ongoing manufacturing, allowing profits to be recycled so that Kickstarter backers could gradually receive shipments dependent on social media sales volumes. Orders from anyone who paid extra for expedited shipping are prioritized.

It’s a math problem at this point, with more funding needed to scale. But Agarwal told Ars that sales on Shopify and TikTok Shop have increased each quarter, most recently selling 30,000 units on TikTok, which allowed Polygons to take out a bigger line of credit to fund more manufacturing. He also brought in a more experienced partner to focus on the business side while he optimizes production.

Agarwal told Ars that he understands trust has been broken with many Kickstarter backers, considering that totally fair. While about 38 percent of backers’ orders still need filling, he predicts that all backers could get their orders within the next six to eight months as Polygons becomes better resourced, but that still depends on social media sales.

Agarwal met Ars after attending a housewares show in Chicago, where he shopped the spoons with retailers who may also help scale the product in the coming years. He anticipates that as the business scales, the cost of the spoons will come back down. And he may even be able to move onto executing other product designs that have been on the backburner as he attempts to work his way out of the Kickstarter corner he backed himself into while obsessing over his first design.

Kickstarter problem goes beyond Polygons

Hunsader told Ars there’s a big difference “in a lie versus bad management,” suggesting that as a business owner who has managed Kickstarter campaigns, he thinks more transparency likely could’ve spared Polygons a lot of angry comments.

“I am not sitting here with a dart board with [Agarwal’s] face on it, being like, when am I going to get my damn spoons?” Hunsader joked. But the campaign’s Kickstarter messaging left many backers feeling like Polygons took backers’ money and ran, Hunsader said.

Unlike people who saw the spoons going viral on social media, Hunsader discovered Polygons just by scrolling on Kickstarter. As a fan of geeky gadgets, he used to regularly support campaigns, but his experience supporting Polygons and monitoring other cases of problematic Kickstarters have made him more hesitant to use the platform without more safeguards for backers.

“It’s not specifically a Polygons problem,” Hunsader told Ars. “The whole Kickstarter thing needs maybe just more protections in place.”

Kickstarter did not respond to Ars’ request to comment. But Kickstarter’s “accountability” policy makes clear that creators “put their reputation at risk” launching campaigns and are ultimately responsible for following through on backer promises. Kickstarter doesn’t issue refunds or guarantee projects, only providing limited support when backers report “suspicious activity.”

Redditors have flagged “shitty” Kickstarter campaigns since 2012, three years after the site’s founding, and the National Association of Attorneys General—which represents US state attorneys general—suggested in 2019 that disgruntled crowdfunding backers were increasingly turning to consumer protection laws to fight alleged fraud.

In 2015, an independent analysis by the University of Pennsylvania estimated that 9 percent of Kickstarter projects didn’t fulfill their rewards. More recently, it appeared that figure had doubled, as Fortune reported last year that an internal Kickstarter estimate put “the amount of revenue that comes from fraudulent projects as high as 18 percent.” A spokesperson disputed that estimate and told Fortune that the platform employs “extensive” measures to detect fraud.

Agarwal told Ars that he thinks it’s uncommon for a campaign to continue fulfilling backer rewards after eight years of setbacks. It would be easier to just shut down and walk away, and Kickstarter likely would not have penalized him for it. While the Kickstarter campaign allowed him to reach his dream of seeing people using his novel measuring spoon in the real world, it’s been bittersweet that the campaign has dragged out so long and kept the spoons out of the hands of his earliest supporters, he told Ars.

Hunsader told Ars that he hopes the Polygons story serves as a “cautionary tale” for both backers and creators who bite off more than they can chew when launching a Kickstarter campaign. He knows that designers like Agarwal can take a reputational hit.

“I don’t want to make somebody who has big dreams not want to dream, but you also, when you’re dealing with things like manufacturing technology, have to be realistic about what is and is not accomplishable,” Hunsader said.

Polygons collaborators at InventIndia told Ars that Agarwal is “dedicated and hard-working,” describing him as “someone deeply committed to delivering a product that meets the highest standards” and whose intentions have “always” been to “ship a perfect product.”

Agarwal’s team connected with Hunsader to schedule his Kickstarter reward shipment on Friday. Hunsader told Ars he doesn’t really care if it takes another nine years. It’s just a spoon, and “there are bigger fish to fry.”

“Listen, I can buy that narrative that he was somebody who got totally overwhelmed but handled it in the worst possible way ever,” Hunsader said.

He plans to continue patiently waiting for his spoons.

This story was updated on March 14 to update information on the Polygons Kickstarter campaign.

Photo of Ashley Belanger

Ashley is a senior policy reporter for Ars Technica, dedicated to tracking social impacts of emerging policies and new technologies. She is a Chicago-based journalist with 20 years of experience.

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developer-creates-endless-wikipedia-feed-to-fight-algorithm-addiction

Developer creates endless Wikipedia feed to fight algorithm addiction

On a recent WikiTok browsing run, I ran across entries on topics like SX-Window (a GUI for the Sharp X68000 series of computers), Xantocillin (“the first reported natural product found to contain the isocyanide functional group), Lorenzo Ghiberti (an Italian Renaissance sculptor from Florence), the William Wheeler House in Texas, and the city of Krautheim, Germany—none of which I knew existed before the session started.

How WikiTok took off

The original idea for WikiTok originated from developer Tyler Angert on Monday evening when he tweeted, “insane project idea: all of wikipedia on a single, scrollable page.” Bloomberg Beta VC James Cham replied, “Even better, an infinitely scrolling Wikipedia page based on whatever you are interested in next?” and Angert coined “WikiTok” in a follow-up post.

Early the next morning, at 12: 28 am, writer Grant Slatton quote-tweeted the WikiTok discussion, and that’s where Gemal came in. “I saw it from [Slatton’s] quote retweet,” he told Ars. “I immediately thought, ‘Wow I can build an MVP [minimum viable product] and this could take off.'”

Gemal started his project at 12: 30 am, and with help from AI coding tools like Anthropic’s Claude and Cursor, he finished a prototype by 2 am and posted the results on X. Someone later announced WikiTok on ycombinator’s Hacker News, where it topped the site’s list of daily news items.

A screenshot of the WikiTok web app running in a desktop web browser.

A screenshot of the WikiTok web app running in a desktop web browser. Credit: Benj Edwards

“The entire thing is only several hundred lines of code, and Claude wrote the vast majority of it,” Gemal told Ars. “AI helped me ship really really fast and just capitalize on the initial viral tweet asking for Wikipedia with scrolling.”

Gemal posted the code for WikiTok on GitHub, so anyone can modify or contribute to the project. Right now, the web app supports 14 languages, article previews, and article sharing on both desktop and mobile browsers. New features may arrive as contributors add them. It’s based on a tech stack that includes React 18, TypeScript, Tailwind CSS, and Vite.

And so far, he is sticking to his vision of a free way to enjoy Wikipedia without being tracked and targeted. “I have no grand plans for some sort of insane monetized hyper-calculating TikTok algorithm,” Gemal told us. “It is anti-algorithmic, if anything.

Developer creates endless Wikipedia feed to fight algorithm addiction Read More »

trump’s-reported-plans-to-save-tiktok-may-violate-scotus-backed-law

Trump’s reported plans to save TikTok may violate SCOTUS-backed law


Everything insiders are saying about Trump’s plan to save TikTok.

It was apparently a busy weekend for key players involved in Donald Trump’s efforts to make a deal to save TikTok.

Perhaps the most appealing option for ByteDance could be if Trump blessed a merger between TikTok and Perplexity AI—a San Francisco-based AI search company worth about $9 billion that appears to view a TikTok video content acquisition as a path to compete with major players like Google and OpenAI.

On Sunday, Perplexity AI submitted a revised merger proposal to TikTok-owner ByteDance, reviewed by CNBC, which sources told AP News included feedback from the Trump administration.

If the plan is approved, Perplexity AI and TikTok US would be merged into a new entity. And once TikTok reaches an initial public offering of at least $300 billion, the US government could own up to 50 percent of that new company, CNBC reported. In the proposal, Perplexity AI suggested that a “fair price” would be “well north of $50 billion,” but the final price will likely depend on how many of TikTok’s existing investors decide to cash out following the merger.

ByteDance has maintained a strong resistance to selling off TikTok, especially a sale including its recommendation algorithm. Not only would this option allow ByteDance to maintain a minority stake in TikTok, but it also would leave TikTok’s recommendation algorithm under ByteDance’s control, CNBC reported. The deal would also “allow for most of ByteDance’s existing investors to retain their equity stakes,” CNBC reported.

But ByteDance may not like one potential part of the deal. An insider source told AP News that ByteDance would be required to allow “full US board control.”

According to AP News, US government ownership of a large stake in TikTok would include checks to ensure the app doesn’t become state controlled. The government’s potential stake would apparently not grant the US voting power or a seat on the merged company’s board.

A source familiar with Perplexity AI’s proposal confirmed to Ars that the reporting from CNBC and AP News is accurate.

Trump denied Oracle’s involvement in talks

Over the weekend, there was also a lot of speculation about Oracle’s involvement in negotiations. NPR reported that two sources with direct knowledge claimed that Trump was considering “tapping software company Oracle and a group of outside investors to effectively take control of the app’s global operations.”

That would be a seemingly bigger grab for the US than forcing ByteDance to divest only TikTok’s US operations.

“The goal is for Oracle to effectively monitor and provide oversight with what is going on with TikTok,” one source told NPR. “ByteDance wouldn’t completely go away, but it would minimize Chinese ownership.”

Oracle apparently met with the Trump administration on Friday and has another meeting scheduled this week to discuss Oracle buying a TikTok stake “in the tens of billions,” NPR reported.

But Trump has disputed that, saying this past weekend that he “never” spoke to Oracle about buying TikTok, AP News reported.

“Numerous people are talking to me. Very substantial people,” Trump said, confirming that he would only make a deal to save TikTok “if the United States benefits.”

All sources seemed to suggest that no deal was close to being finalized yet. Other potential Big Tech buyers include Microsoft or even possibly Elon Musk (can you imagine TikTok merged with X?). On Saturday, Trump suggested that he would likely announce his decision on TikTok’s future in the next 30 days.

Meanwhile, TikTok access has become spotty in the US. Google and Apple dropped TikTok from their app stores when the divest-or-ban law kicked in, partly because of the legal limbo threatening hundreds of billions in fines if Trump changes his mind about enforcement. That means ByteDance currently can’t push updates to US users, and anyone who offloads TikTok or purchases a new device can’t download the app in popular distribution channels.

“If we can save TikTok, I think it would be a good thing,” Trump said.

Could Trump’s plan violate divest-or-ban law?

The divest-or-ban law is formally called the Protecting Americans from Foreign Adversary Controlled Applications Act. For months, TikTok was told in court that the law required either a sale of TikTok US operations or a US ban, but now ByteDance seems to believe there’s another option to keep TikTok in the US without forcing a sale.

It remains unclear if lawmakers will approve Trump’s plan if it doesn’t force a sale of TikTok. US Representative Raja Krishnamoorthi (D-Ill.), who co-sponsored the law, issued a statement last week insisting that “ByteDance divesting remains the only real solution to protect our national security and guarantee Americans access to TikTok.”

Krishnamoorthi declined Ars’ request to comment on whether leaked details of Trump’s potential deal to save TikTok could potentially violate the divest-or-ban law. But debate will likely turn on how the law defines “qualified divestiture.”

Under the law, qualified divestiture could be either a “divestiture or similar transaction” that meets two conditions. First, the transaction is one that Trump “determines, through an interagency process, would result in the relevant foreign adversary controlled application no longer being controlled by a foreign adversary.” Second, the deal blocks any foreign adversary-controlled entity or affiliate from interfering in TikTok US operations, “including any cooperation” with foreign adversaries “with respect to the operation of a content recommendation algorithm or an agreement with respect to data sharing.”

That last bit seems to suggest that lawmakers might clash with Trump over ByteDance controlling TikTok’s algorithm, even if a company like Oracle or Perplexity serves as a gatekeeper to Americans’ data safeguarding US national security interests.

Experts told NPR that ByteDance could feasibly maintain a minority stake in TikTok US under the law, with Trump seeming to have “wide latitude to interpret” what is or is not a qualified divestiture. One congressional staffer told NPR that lawmakers might be won over if the Trump administration secured binding legal agreements “ensuring ByteDance cannot covertly manipulate the app.”

The US has tried to strike just such a national security agreement with ByteDance before, though, and it ended in lawmakers passing the divest-or-ban law. During the government’s court battle with TikTok over the law, the government repeatedly argued that prior agreement—also known as “Project Texas,” which ensured TikTok’s US recommendation engine was stored in the Oracle cloud and deployed in the US by a TikTok US subsidiary—was not enough to block Chinese influence. Proposed in 2022, the agreement was abruptly ended in 2023 when the Committee on Foreign Investment in the United States (CFIUS) determined only divestiture would resolve US concerns.

CFIUS did not respond to Ars’ request for comment.

The key problem at that point was ByteDance maintaining control of the algorithm, the government successfully argued in a case that ended in a Supreme Court victory.

“Even under TikTok’s proposed national security agreement, the source code for the recommendation engine would originate in China,” the government warned.

That seemingly leaves a vulnerability that any Trump deal allowing ByteDance to maintain control of the algorithm would likely have to reconcile.

“Under Chinese national-security laws, the Chinese government can require a China-based company to ‘surrender all its data,'” the US argued. That ultimately turned TikTok into “an espionage tool” for the Chinese Communist Party.

There’s no telling yet if Trump’s plan can set up a better version of Project Texas or convince China to sign off on a TikTok sale. Analysts have suggested that China may agree to a TikTok sale if Trump backs down on tariff threats.

ByteDance did not respond to Ars’ request for comment.

Photo of Ashley Belanger

Ashley is a senior policy reporter for Ars Technica, dedicated to tracking social impacts of emerging policies and new technologies. She is a Chicago-based journalist with 20 years of experience.

Trump’s reported plans to save TikTok may violate SCOTUS-backed law Read More »

trump-can-save-tiktok-without-forcing-a-sale,-bytedance-board-member-claims

Trump can save TikTok without forcing a sale, ByteDance board member claims

TikTok owner ByteDance is reportedly still searching for non-sale options to stay in the US after the Supreme Court upheld a national security law requiring that TikTok’s US operations either be shut down or sold to a non-foreign adversary.

Last weekend, TikTok briefly went dark in the US, only to come back online hours later after Donald Trump reassured ByteDance that the US law would not be enforced. Then, shortly after Trump took office, he signed an executive order delaying enforcement for 75 days while he consulted with advisers to “pursue a resolution that protects national security while saving a platform used by 170 million Americans.”

Trump’s executive order did not suggest that he intended to attempt to override the national security law’s ban-or-sale requirements. But that hasn’t stopped ByteDance, board member Bill Ford told World Economic Forum (WEF) attendees, from searching for a potential non-sale option that “could involve a change of control locally to ensure it complies with US legislation,” Bloomberg reported.

It’s currently unclear how ByteDance could negotiate a non-sale option without facing a ban. Joe Biden’s extended efforts through Project Texas to keep US TikTok data out of China-controlled ByteDance’s hands without forcing a sale dead-ended, prompting Congress to pass the national security law requiring a ban or sale.

At the WEF, Ford said that the ByteDance board is “optimistic we will find a solution” that avoids ByteDance giving up a significant chunk of TikTok’s operations.

“There are a number of alternatives we can talk to President Trump and his team about that are short of selling the company that allow the company to continue to operate, maybe with a change of control of some kind, but short of having to sell,” Ford said.

Trump can save TikTok without forcing a sale, ByteDance board member claims Read More »

tiktok-is-mostly-restored-after-trump-pledges-an-order-and-half-us-ownership

TikTok is mostly restored after Trump pledges an order and half US ownership

At a rally Sunday, he did not clarify if this meant a US-based business or the government itself. “So they’ll have a partner, the United States, and they’ll have a lot of bidders … And there’s no risk, we’re not putting up any money. All we’re doing is giving them the approval without which they don’t have anything,” Trump said Sunday.

Legal limbo

Trump’s order, and TikTok’s return to service, both seem at odds with the law—and leadership in the Republican party. Speaker Mike Johnson said on NBC’s Meet the Press Sunday that Congress would “enforce the law.” Sens. Tom Cotton (R-Ark.) and Pete Ricketts (R-Neb.) issued a joint statement Sunday, commending Apple, Microsoft, and Google for “following the law,” and noting that other companies “face ruinous bankruptcy” for violating it.

“Now that the law has taken effect, there’s no legal basis for any kind of ‘extension’ of its effective date,” the statement read. The law states that “A path to executing a qualified divestiture” has to be determined before a one-time extension of 90 days can be granted.

TikTok’s best chance at avoiding a shutdown vanished in last week’s unanimous Supreme Court decision upholding the divest-or-sell law. Aimed at protecting national security interests from TikTok’s Chinese owners having access to the habits and data of 170 million American users, the law was ruled to be “content-neutral,” and that the US “had good reason to single out TikTok for special treatment.”

Reports at Forbes, Bloomberg, and elsewhere have suggested that ByteDance and its Chinese owners could be seeking to use TikTok as a bargaining chip, with maneuvers including a sale to Trump ally Elon Musk as a means of counteracting Trump’s proposed tariffs on Chinese imports.

One largely unforeseen side effect of Congress’ TikTok-centered actions is that Marvel Snap, a mobile collectible card and deck-building game, disappeared in similar fashion over the weekend. The game, developed by a California-based team, is published by ByteDance’s Nuverse mobile game division. With no web version available, Snap remained unavailable on app stores Monday morning. A message to players with the game installed noted that “This outage is a surprise to us and wasn’t planned,” though it pledged to restore the game.

TikTok is mostly restored after Trump pledges an order and half US ownership Read More »

tiktok-loses-supreme-court-fight,-prepares-to-shut-down-sunday

TikTok loses Supreme Court fight, prepares to shut down Sunday


TikTok has said it’s preparing to shut down Sunday.

A TikTok influencer holds a sign that reads “Keep TikTok” outside the US Supreme Court Building as the court hears oral arguments on whether to overturn or delay a law that could lead to a ban of TikTok in the U.S., on January 10, 2025 in Washington, DC. Credit: Kayla Bartkowski / Stringer | Getty Images News

TikTok has lost its Supreme Court appeal in a 9–0 decision and will likely shut down on January 19, a day before Donald Trump’s inauguration, unless the app can be sold before the deadline, which TikTok has said is impossible.

During the trial last Friday, TikTok lawyer Noel Francisco warned SCOTUS that upholding the Biden administration’s divest-or-sell law would likely cause TikTok to “go dark—essentially the platform shuts down” and “essentially… stop operating.” On Wednesday, TikTok reportedly began preparing to shut down the app for all US users, anticipating the loss.

But TikTok’s claims that the divest-or-sell law violated Americans’ free speech rights did not supersede the government’s compelling national security interest in blocking a foreign adversary like China from potentially using the app to spy on or influence Americans, SCOTUS ruled.

“We conclude that the challenged provisions do not violate petitioners’ First Amendment rights,” the SCOTUS opinion said, while acknowledging that “there is no doubt that, for more than 170 million Americans, TikTok offers a distinctive and expansive outlet for expression, means of engagement, and source of community.”

Late last year, TikTok and its owner, the Chinese-owned company ByteDance, urgently pushed SCOTUS to intervene before the law’s January 19 enforcement date. Ahead of SCOTUS’ decision, TikTok warned it would have no choice but to abruptly shut down a thriving platform where many Americans get their news, express their views, and make a living.

The US had argued the law was necessary to protect national security interests as the US-China trade war intensifies, alleging that China could use the app to track and influence TikTok’s 170 million American users. A lower court had agreed that the US had a compelling national security interest and rejected arguments that the law violated the First Amendment, triggering TikTok’s appeal to SCOTUS. Today, the Supreme Court upheld that ruling.

According to SCOTUS, the divest-or-sell law is “content-neutral” and only triggers intermediate scrutiny. That requires that the law doesn’t burden “substantially more speech than necessary” to serve the government’s national security interests, rather than strict scrutiny which would force the government to protect those interests through the least restrictive means.

Further, the government was right to single TikTok out, SCOTUS wrote, due to its “scale and susceptibility to foreign adversary control, together with the vast swaths of sensitive data the platform collects.”

“Preventing China from collecting vast amounts of sensitive data from 170 million US TikTok users” is a “decidedly content agnostic” rationale, justices wrote.

“The Government had good reason to single out TikTok for special treatment,” the opinion said.

TikTok CEO Shou Zi Chew posted a statement on TikTok reacting to the ruling, thanking Trump for committing to “work with TikTok” to avoid a shut down and telling users to “rest assured, we will do everything in our power to ensure our platform thrives” in the US.

Momentum to ban TikTok has shifted

First Amendment advocates condemned the SCOTUS ruling. The American Civil Liberties Union called it a “major blow to freedom of expression online,” and the Electronic Frontier Foundation’s civil liberties director David Greene accused justices of sweeping “past the undisputed content-based justification for the law” to “rule only based on the shaky data privacy concerns.”

While the SCOTUS ruling was unanimous, justice Sonia Sotomayor said that  “precedent leaves no doubt” that the law implicated the First Amendment and “plainly” imposed a burden on any US company that distributes TikTok’s speech and any content creator who preferred TikTok as a publisher of their speech.

Similarly concerned was justice Neil Gorsuch, who wrote in his concurring opinion that he harbors “serious reservations about whether the law before us is ‘content neutral’ and thus escapes ‘strict scrutiny.'” Gorsuch also said he didn’t know “whether this law will succeed in achieving its ends.”

“But the question we face today is not the law’s wisdom, only its constitutionality,” Gorsuch wrote. “Given just a handful of days after oral argument to issue an opinion, I cannot profess the kind of certainty I would like to have about the arguments and record before us. All I can say is that, at this time and under these constraints, the problem appears real and the response to it not unconstitutional.”

For TikTok and content creators defending the app, the stakes were incredibly high. TikTok repeatedly denied there was any evidence of spying and warned that enforcing the law would allow the government to unlawfully impose “a massive and unprecedented speech restriction.”

But the Supreme Court declined to order a preliminary injunction to block the law until Trump took office, instead deciding to rush through oral arguments and reach a decision prior to the law’s enforcement deadline. Now TikTok has little recourse if it wishes to maintain US operations, as justices suggested during the trial that even if a president chose to not enforce the law, providing access to TikTok or enabling updates could be viewed as too risky for app stores or other distributors.

The law at the center of the case—the Protecting Americans from Foreign Adversary Controlled Applications Act—had strong bipartisan support under the Biden administration.

But President-elect Donald Trump said he opposed a TikTok ban, despite agreeing that US national security interests in preventing TikTok spying on or manipulating Americans were compelling. And this week, Senator Ed Markey (D-Mass.) has introduced a bill to extend the deadline ahead of a potential TikTok ban, and a top Trump adviser, Congressman Mike Waltz, has said that Trump plans to stop the ban and “keep TikTok from going dark,” the BBC reported. Even the Biden administration, whose justice department just finished arguing why the US needed to enforce the law to SCOTUS, “is considering ways to keep TikTok available,” sources told NBC News.

“What might happen next to TikTok remains unclear,” Gorsuch noted in the opinion.

Will Trump save TikTok?

It will likely soon be clear whether Trump will intervene. Trump filed a brief in December, requesting that the Supreme Court stay enforcement of the law until after he takes office because allegedly only he could make a deal to save TikTok. He criticized SCOTUS for rushing the decision and suggested that Congress’ passage of the law may have been “legislative encroachment” that potentially “binds his hands” as president.

“As the incoming Chief Executive, President Trump has a particularly powerful interest in and responsibility for those national-security and foreign-policy questions, and he is the right constitutional actor to resolve the dispute through political means,” Trump’s brief said.

TikTok’s CEO Chew signaled to users that Trump is expected to step in.

“On behalf of everyone at TikTok and all 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,” Chew’s statement said.

Chew also reminded Trump that he has 60 billion views of his content on TikTok and perhaps stands to lose a major platform through the ban.

“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,” Chew said.

Trump seemingly has limited options to save TikTok, Forbes suggested. At trial, justices disagreed on whether Trump could legally decide to simply not enforce the law. And efforts to pause enforcement or claim compliance without evidence that ByteDance is working on selling off TikTok could be blocked by the court, analysts said. And while ByteDance has repeatedly said it’s unwilling to sell TikTok US, it’s possible, one analyst suggested to Forbes, that ByteDance might be more willing to divest “in exchange for Trump backing off his threat of high tariffs on Chinese imports.”

On Tuesday, a Bloomberg report suggested that China was considering whether selling TikTok to Elon Musk might be a good bargaining chip to de-escalate Trump’s attacks in the US-China trade war.

Photo of Ashley Belanger

Ashley is a senior policy reporter for Ars Technica, dedicated to tracking social impacts of emerging policies and new technologies. She is a Chicago-based journalist with 20 years of experience.

TikTok loses Supreme Court fight, prepares to shut down Sunday Read More »

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RedNote may wall off “TikTok refugees” to prevent US influence on Chinese users

Whether TikTok will be banned in the US in three days is still up in the air. The Supreme Court has yet to announce its verdict on the constitutionality of a law requiring TikTok to either sell its US operations or shut down in the US. It’s possible that the Supreme Court could ask for more time to deliberate, potentially delaying enforcement of the law as TikTok has requested until after Donald Trump takes office.

While the divest-or-sell law had bipartisan support when it passed last year, momentum has seemingly shifted this week. Senator Ed Markey (D-Mass.) has introduced a bill to extend the deadline ahead of a potential TikTok ban, and a top Trump adviser, Congressman Mike Waltz, has said that Trump plans to stop the ban and “keep TikTok from going dark,” the BBC reported. Even the Biden administration, whose justice department just finished arguing why the US needed to enforce the law to SCOTUS, “is considering ways to keep TikTok available,” sources told NBC News.

Many US RedNote users quickly banned

For RedNote and China, the app’s sudden popularity as the US alternative to TikTok seems to have come as a surprise. A Beijing-based independent industry analyst, Liu Xingliang, told Reuters that RedNote was “caught unprepared” by the influx of users.

To keep restricted content off the app, RedNote allegedly has since been “scrambling to find ways to moderate English-language content and build English-Chinese translation tools,” two sources familiar with the company told Reuters. Time’s reporting echoed that, noting that “Red Note is urgently recruiting English content moderators [Chinese]” became a trending topic Wednesday on the Chinese social media app Weibo.

Many analysts have suggested that Americans’ fascination with RedNote will be short-lived. Liu told Reuters that “American netizens are in a dissatisfied mood, and wanting to find another Chinese app to use is a catharsis of short-term emotions and a rebellious gesture.” But unfortunately, “the experience on it is not very good for foreigners.”

On RedNote, Chinese users have warned Americans that China censors way more content than they’re used to on TikTok. Analysts told The Washington Post that RedNote’s “focus on shopping and entertainment means it is often even more active in blocking content seen as too serious for the app’s target audience.” Chinese users warned Americans not to post about “politics, religion, and drugs” or risk “account bans or legal repercussions, including jail time,” Rest of World reported. Meanwhile, on Reddit, Americans received additional warnings about common RedNote scams and reasons accounts could be banned. But Rest of World noted that many so-called “TikTok refugees” migrating to RedNote do not “seem to know, or care, about platform rules.”

RedNote may wall off “TikTok refugees” to prevent US influence on Chinese users Read More »

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Trump told SCOTUS he plans to make a deal to save TikTok

Several members of Congress— Senator Edward J. Markey (D-Mass.), Senator Rand Paul (R-Ky.), and Representative Ro Khanna (D-Calif.)—filed a brief agreeing that “the TikTok ban does not survive First Amendment scrutiny.” They agreed with TikTok that the law is “illegitimate.”

Lawmakers’ “principle justification” for the ban—”preventing covert content manipulation by the Chinese government”—masked a “desire” to control TikTok content, they said. Further, it could be achieved by a less-restrictive alternative, they said, a stance which TikTok has long argued for.

Attorney General Merrick Garland defended the Act, though, urging SCOTUS to remain laser-focused on the question of whether a forced sale of TikTok that would seemingly allow the app to continue operating without impacting American free speech violates the First Amendment. If the court agrees that the law survives strict scrutiny, TikTok could still be facing an abrupt shutdown in January.

The Supreme Court has scheduled oral arguments to begin on January 10. TikTok and content creators who separately sued to block the law have asked for their arguments to be divided, so that the court can separately weigh “different perspectives” when deciding how to approach the First Amendment question.

In its own brief, TikTok has asked SCOTUS to strike the portions of the law singling out TikTok or “at the very least” explain to Congress that “it needed to do far better work either tailoring the Act’s restrictions or justifying why the only viable remedy was to prohibit Petitioners from operating TikTok.”

But that may not be necessary if Trump prevails. Trump told the court that TikTok was an important platform for his presidential campaign and that he should be the one to make the call on whether TikTok should remain in the US—not the Supreme Court.

“As the incoming Chief Executive, President Trump has a particularly powerful interest in and responsibility for those national-security and foreign-policy questions, and he is the right constitutional actor to resolve the dispute through political means,” Trump’s brief said.

Trump told SCOTUS he plans to make a deal to save TikTok Read More »

supreme-court-to-decide-if-tiktok-should-be-banned-or-sold

Supreme Court to decide if TikTok should be banned or sold

While the controversial US law doesn’t necessarily ban TikTok, it does seem designed to make TikTok “go away,” Greene said, and such a move to interfere with a widely used communications platform seems “unprecedented.”

“The TikTok ban itself and the DC Circuit’s approval of it should be of great concern even to those who find TikTok undesirable or scary,” Greene said in a statement. “Shutting down communications platforms or forcing their reorganization based on concerns of foreign propaganda and anti-national manipulation is an eminently anti-democratic tactic, one that the US has previously condemned globally.”

Greene further warned that the US “cutting off a tool used by 170 million Americans to receive information and communicate with the world, without proving with evidence that the tools are presently seriously harmful” would “greatly” lower “well-established standards for restricting freedom of speech in the US.”

TikTok partly appears to be hoping that President-elect Donald Trump will disrupt enforcement of the law, but Greene said it remains unclear if Trump’s plan to “save TikTok” might just be a plan to support a sale to a US buyer. At least one former Trump ally, Steven Mnuchin, has reportedly expressed interest in buying the app.

For TikTok, putting pressure on Trump will likely be the next step, “if the Supreme Court ever says, ‘we agree the law is valid,'” Greene suggested.

“Then that’s it,” Greene said. “There’s no other legal recourse. You only have political recourses.”

Like other civil rights groups, the EFF plans to remain on TikTok’s side as the SCOTUS battle starts.

“We are pleased that the Supreme Court will take the case and will urge the justices to apply the appropriately demanding First Amendment scrutiny,” Greene said.

Supreme Court to decide if TikTok should be banned or sold Read More »

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Facing ban next month, TikTok begs SCOTUS for help

TikTok: Ban is slippery slope to broad US censorship

According to TikTok, the government’s defense of the ban to prevent China from wielding a “covert” influence over Americans is a farce invented by lawyers to cover up the true mission of censorship. If the lower court’s verdict stands, TikTok alleged, “then Congress will have free rein to ban any American from speaking simply by identifying some risk that the speech is influenced by a foreign entity.”

TikTok doesn’t want to post big disclaimers on the app warning of “covert” influence, claiming that the government relied on “secret evidence” to prove this influence occurs on TikTok. But if the Supreme Court agrees that the government needed to show more than “bare factual assertions” to back national security claims the lower court said justified any potential speech restrictions, then the court will also likely agree to reverse the lower court’s decision, TikTok suggested.

It will become much clearer by January 6 whether the January 19 ban will take effect, at which point TikTok would shut down, booting all US users from the app. TikTok urged the Supreme Court to agree it is in the public interest to delay the ban and review the constitutional claims to prevent any “extreme” harms to both TikTok and US users who depend on the app for news, community, and income.

If SCOTUS doesn’t intervene, TikTok said that the lower court’s “flawed legal rationales would open the door to upholding content-based speech bans in contexts far different than this one.”

“Fearmongering about national security cannot obscure the threat that the Act itself poses to all Americans,” TikTok alleged, while suggesting that even Congress would agree that a “modest delay” in enforcing the law wouldn’t pose any immediate risk to US national security. Congress is also aware that a sale would not be technically, commercially, or legally possible in the timeframe provided, TikTok said. A temporary injunction would prevent irreparable harms, TikTok said, including the irreparable harm courts have long held is caused by restricting speech of Americans for any amount of time.

“An interim injunction is also appropriate because it will give the incoming Administration time to determine its position, as the President-elect and his advisors have voiced support for saving TikTok,” TikTok argued.

Ars could not immediately reach TikTok for comment.

Facing ban next month, TikTok begs SCOTUS for help Read More »

us-businesses-will-lose-$1b-in-one-month-if-tiktok-is-banned,-tiktok-warns

US businesses will lose $1B in one month if TikTok is banned, TikTok warns

The US is prepared to fight the injunction. In a letter, the US Justice Department argued that the court has already “definitively rejected petitioners’ constitutional claims” and no further briefing should be needed before rejecting the injunction.

If the court denies the injunction, TikTok plans to immediately ask SCOTUS for an injunction next. That’s part of the reason why TikTok wants the lower court to grant the injunction—out of respect for the higher court.

“Unless this Court grants interim relief, the Supreme Court will be forced to resolve an emergency injunction application on this weighty constitutional question in mere weeks (and over the holidays, no less),” TikTok argued.

The DOJ, however, argued that’s precisely why the court should quickly deny the injunction.

“An expedient decision by this Court denying petitioners’ motions, without awaiting the government’s response, would be appropriate to maximize the time available for the Supreme Court’s consideration of petitioners’ submissions,” the DOJ’s letter said.

TikTok has requested a decision on the injunction by December 16, and the government has agreed to file its response by Wednesday.

This is perhaps the most dire fight of TikTok’s life. The social media company has warned that not only would a US ban impact US TikTok users, but also “tens of millions” of users globally whose service could be interrupted if TikTok has to cut off US users. And once TikTok loses those users, there’s no telling if they’ll ever come back, even if TikTok wins a dragged-out court battle.

For TikTok users, an injunction granted at this stage would offer a glimmer of hope that TikTok may survive as a preferred platform for free speech and irreplaceable source of income. But for TikTok, the injunction would likely be a stepping stone, as the fastest path to securing its future increasingly seems to be appealing to Trump.

“It would not be in the interest of anyone—not the parties, the public, or the courts—to have emergency Supreme Court litigation over the Act’s constitutionality, only for the new Administration to halt its enforcement mere days or weeks later,” TikTok argued. “This Court should avoid that burdensome spectacle by granting an injunction that would allow Petitioners to seek further orderly review only if necessary.”

US businesses will lose $1B in one month if TikTok is banned, TikTok warns Read More »

tiktok’s-two-paths-to-avoid-us-ban:-beg-scotus-or-woo-trump

TikTok’s two paths to avoid US ban: Beg SCOTUS or woo Trump

“What the Act targets is the PRC’s ability to manipulate that content covertly,” the ruling said. “Understood in that way, the Government’s justification is wholly consonant with the First Amendment.”

TikTok likely to appeal to Supreme Court

TikTok is unsurprisingly frustrated by the ruling. In a statement provided to Ars, TikTok spokesperson Michael Hughes confirmed that TikTok intended to appeal the case to the Supreme Court.

“The Supreme Court has an established historical record of protecting Americans’ right to free speech, and we expect they will do just that on this important constitutional issue,” Hughes said.

Throughout the litigation, ByteDance had emphasized that divesting TikTok in the time that the law required was not possible. But the court disagreed that ByteDance being unable to spin off TikTok by January turned the US law into a de facto TikTok ban. Instead, the court suggested that TikTok could temporarily become unavailable until it’s sold off, only facing a ban if ByteDance dragged its feet or resisted divestiture.

There’s no indication yet that ByteDance would ever be willing to part with its most popular product. And if there’s no sale and SCOTUS declines the case, that would likely mean that TikTok would not be available in the US, as providing access to TikTok would risk heavy fines. Hughes warned that millions of TikTokers will be silenced next year if the appeals court ruling stands.

“Unfortunately, the TikTok ban was conceived and pushed through based upon inaccurate, flawed and hypothetical information, resulting in outright censorship of the American people,” Hughes said. “The TikTok ban, unless stopped, will silence the voices of over 170 million Americans here in the US and around the world on January 19th, 2025.”

TikTok’s two paths to avoid US ban: Beg SCOTUS or woo Trump Read More »