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The US TikTok Ban: Urgency of Capturing Data Before January 19, 2025

Written by Page Vault | Jan 14, 2025 9:07:15 PM

The countdown is on: as the U.S. government moves toward finalizing a nationwide ban on TikTok, legal professionals must act swiftly to preserve valuable digital evidence before the platform is blocked for good. With the official deadline of January 19, 2025, fast approaching, now is the critical time for eDiscovery experts, attorneys, and investigators to archive TikTok data. Once the ban is enforced, the opportunity to capture evidence from TikTok will likely disappear overnight, and the impact on ongoing litigation could be profound.

What’s Happening with the TikTok Ban?

The U.S. government has long considered banning TikTok over national security concerns due to its ownership by ByteDance, a Chinese tech company. Officials warn that the Chinese government could access data collected from U.S. users, potentially influencing political decisions, spying on citizens, or compromising national security.

A ban would end TikTok’s U.S. operations, a significant move given its status as the 5th most popular social media platform globally, with over 150 million active U.S. users as of early 2025. Pew Research Center data shows 62% of U.S. adults aged 18 to 29 use the platform regularly, making it a prime source of digital evidence in cases like defamation, intellectual property theft, and personal injury claims.

Following legal challenges and stalled policy debates, the government has set a firm deadline of January 19, 2025, to either enforce a ban or impose strict operational limits. If implemented, TikTok would be removed from U.S. app stores, and existing content could become irretrievable.

The Urgency of Capturing TikTok Data

With TikTok’s future in the U.S. uncertain, the window for capturing critical data from the platform is closing fast. For legal professionals who rely on social media content as evidence, this represents a rapidly diminishing opportunity to preserve vital information. According to the American Bar Association’s 2023 Technology Survey, nearly 80% of lawyers reported using social media evidence in their cases, and social media content has become a cornerstone of modern legal proceedings.

Data to Preserve Before It’s Gone

TikTok’s rapid rise to prominence in the U.S. means it holds an immense amount of valuable, user-generated content. In 2024 alone, TikTok’s U.S. users uploaded over 500 million videos—ranging from personal stories and political commentary to business promotions and viral trends. This data can play a pivotal role in a wide variety of legal matters, from workplace harassment to intellectual property violations to criminal investigations.

When TikTok is banned in the U.S., any content stored on the platform will likely become inaccessible. As of now, tools like the Wayback Machine, which archive some web content, have limitations when it comes to TikTok, as they do not capture all posts and present challenges related to legal admissibility in court. Preserving TikTok content before the ban ensures that lawyers will have access to this digital evidence if it’s needed in future cases.

The Data You May Lose

  • User-Generated Videos: Short-form videos are the heart of TikTok and can serve as evidence in a variety of cases, such as defamation, privacy violations, and even insurance fraud. In some cases, TikTok videos are the only evidence available to prove the sequence of events.
  • Engagement Metrics: Likes, shares, and comments can provide context to a post's impact or the intent behind it. For example, a post that went viral might hold weight in a defamation case, proving widespread harm or influence.
  • Live Streams: TikTok’s live streaming feature provides real-time video content that may contain crucial evidence, especially in cases involving harassment, threats, or other criminal behavior.
  • User Profile Information: Users frequently share detailed personal information on TikTok, including locations, affiliations, and opinions that may be pivotal in legal cases.

What You Can Do Before the Ban Takes Effect

The clock is ticking, and the January 19, 2025 deadline is fast approaching. Here’s what legal professionals must do now to ensure they have access to TikTok content when it matters most:

1. Archive TikTok Content with Legal Tools

The first step is to preserve TikTok accounts, posts, comments, and other interactions in a legally defensible format. Tools like Page Vault are designed to capture social media content in a way that ensures its integrity and admissibility in court. Page Vault, for example, provides screenshots, video captures, and metadata that document when and how the content was posted, offering legal professionals the assurance they need to rely on this data in their cases.

2. Stay Informed About Policy Changes

Even with the January 19 deadline looming, there could be last-minute developments that affect the timeline. It’s crucial to monitor news outlets and government channels for any updates that could impact the ban's enforcement or introduce delays. Legal professionals should also watch for any potential court decisions or legislation that could alter the landscape of the ban.

3. Broaden Evidence Collection Strategies

As users look for alternatives to TikTok, platforms like Instagram, YouTube, and X (formerly Twitter) will likely see increased engagement. Expanding your eDiscovery strategy to include other popular platforms ensures that you can continue gathering evidence as users migrate away from TikTok.

4. Understand the Implications for International Evidence

TikTok may continue to operate outside the U.S. after the ban, so if your case has an international scope, it’s important to understand how to collect TikTok evidence from jurisdictions where the app is still operational. This may involve working with international counsel to navigate the laws governing social media evidence in different countries.

The Final Countdown: Don’t Wait Until It’s Too Late

With the ban set to take effect on January 19, 2025, legal professionals have limited time to preserve critical TikTok content. Once TikTok is blocked in the U.S., accessing its vast library of user-generated evidence could become impossible, putting valuable digital proof out of reach. This is exactly what Page Vault is for—capturing and preserving online content with court-admissible accuracy so you can safeguard key evidence before it’s gone. Here's our guide on how to preserve TikTok data effectively. Protect your case by acting now—before the evidence disappears.

Stay Updated
For ongoing updates and analysis on the TikTok ban and its implications for the legal and eDiscovery fields, continue to follow Page Vault’s blog and subscribe for real-time updates. Don't let critical data slip away—act now to protect your clients' interests and the integrity of your cases.