President Trump signed an executive order on Monday delaying enforcement of the federal government's ban on TikTok for 75 days. However, the law took effect on Sunday, and it is unclear whether such measures would invalidate the law.
The order, one of Trump's first actions since taking office, directs the attorney general not to take any action to enforce the law so that the administration has “an opportunity to determine an appropriate path forward.” I am doing it. The order is retroactive to Sunday.
Upon signing the executive order, Trump told reporters that “the United States would have the right to half of TikTok” if there was an agreement on the app, but he did not elaborate. He said he believes TikTok is worth $1 trillion.
The order could face immediate legal challenges, including over whether the president has the authority to suspend federal law enforcement. Companies subject to the law, which prohibits Chinese companies from providing services to TikTok, may find the order does not exempt them from legal liability.
The federal law banning ByteDance-owned TikTok requires the app to be sold to a non-Chinese owner or it will be blocked. The only workaround provided by law is a 90-day extension if a buyer is found. Still, it's unclear whether that option is viable given the law already in place. The law also limits how much of TikTok's stock can remain foreign-owned.
By seeking to overturn federal law, Mr. Trump has raised serious questions about the limits of presidential power and the rule of law in the United States. Some lawmakers and legal experts have criticized the executive order, especially in the wake of Friday's Supreme Court ruling upholding the law and the national security concerns that led lawmakers to write the law in the first place. They have expressed concerns about legality.
Former President Joseph R. Biden Jr. signed the law, passed overwhelmingly by Congress last year, forcing ByteDance to sell TikTok or face a ban. TikTok has faced security concerns that the Chinese government could use it to spread propaganda and collect data on US users. The law requires app stores and cloud computing providers to suspend the use of apps or face fines.
TikTok briefly shut down its service to U.S. users over the weekend, but returned on Sunday after Trump announced on social media that he was planning an executive order. The app was working again for users who had already downloaded it, but it disappeared from Google and Apple's app stores on Saturday and remained unavailable on Monday.
Trump's efforts to keep TikTok online will have a major impact on users. The app has reshaped the social media landscape, defined popular culture, and created a livelihood for the millions of influencers and small businesses that rely on the platform.
In his executive order, Trump said his constitutional responsibilities include national security. It said it would consult with its advisers to consider the concerns raised by TikTok and the mitigation measures the company has already taken.
The executive order says the administration will “pursue resolutions that protect national security while protecting the platforms used by 170 million Americans,” but the timing of the legislation is “unfortunate.” It is said that
The attorney general's order states that companies covered by the law will receive a letter informing them that “there was no violation of the law” and that they will not be held responsible for providing services to TikTok for 75 days.
Some legal experts said that may not be enough reassurance.
“I think directing the attorney general not to enforce the law for a certain period of time is inconsistent with faithful enforcement of the law,” said Zachary Price, a professor at the University of California School of Law in San Francisco. “Even if that were OK, the president does not have the power to repeal the law itself and remove responsibility from those who violated the law while it was not in effect.”
TikTok and Apple did not respond to requests for comment. Google declined to comment.
TikTok's relationship with China has long raised national security concerns, including for Trump. Near the end of his first term in 2020, Trump issued an executive order banning app stores from making TikTok available for download. He then tried to get American companies to buy the app, but his efforts went to waste after he lost re-election.
The initiative was revived by Congress last year and Biden signed it into law in April. The law targeted app stores and cloud computing companies run by Apple and Google. The companies said they would not be able to distribute or host TikTok unless they sold the app to a non-Chinese owner by January 19.
Trump then reversed his stance. He joined the app in June and said on TV in March that some young people would “go crazy” without TikTok.
Trump signed the executive order Monday night, saying, “I think there's a goodwill towards TikTok that I didn't have to begin with.”
TikTok challenged the law in federal court, arguing that it violates not only its own First Amendment rights, but also its users' right to free speech. The D.C. Circuit Court of Appeals upheld the law in December. TikTok appealed to the Supreme Court, which also upheld the law on Friday.
TikTok and some Democratic lawmakers made a last-ditch effort to block the law from taking effect. But on Saturday, TikTok ceased operations in the United States and disappeared from Apple and Google's app stores hours before midnight. Users were saddened by its disappearance.
On Sunday morning, Trump announced on Truth Social that he would issue an executive order on Monday that would extend the period until the law's ban goes into effect to allow for an agreement to protect national security. He said he does not intend to punish companies that break the law to keep their apps online.
Hours later, TikTok restored service to U.S. users and welcomed them back with the message, “As a result of President Trump's efforts, TikTok is back in the United States!”
When Trump signed the executive order in the Oval Office, he was asked why he changed his mind about the app.
“Because I had to use it,” he said.
Sapna Maheshwari, Tripp Mickle and Nico Grant contributed reporting.
