Trump Signs Order to Delay TikTok Ban, Shield Business Partners
In a high-profile move, President Donald Trump signed an executive order on Monday that temporarily halts the enforcement of a law banning TikTok and offers legal protection to companies associated with the platform. The order pauses the ban for 75 days, aiming to provide time for a resolution that addresses national security concerns while preserving access to the app for its 170 million U.S. users.
“This gives us time to work toward a solution that protects American interests,” Trump said from the Oval Office, adding that a “joint venture” involving the U.S. and unspecified entities could be part of the plan.
The law, which took effect Sunday, prohibits companies from supporting TikTok as long as it remains under the ownership of ByteDance, a Beijing-based tech giant. Lawmakers have expressed fears that TikTok could be exploited by the Chinese government for surveillance or data collection, prompting bipartisan support for the ban passed in April.
TikTok Temporarily Shuts Down Amid Legal Uncertainty
The threat of penalties prompted major companies, including Oracle, Akamai, Google, and Apple, to take action. TikTok’s service was briefly suspended on Sunday after the app was removed from app stores and web hosting providers withdrew support. However, the app resumed operations hours later, with TikTok crediting Trump’s announcement of executive action as the reason for its return.
Despite this, tech giants Apple and Google have held firm, refusing to reinstate TikTok on their platforms due to potential legal liabilities. Under the law, offering TikTok while it remains owned by ByteDance could result in substantial fines, a risk that legal experts say is not mitigated by Trump’s executive order.
Legal and Political Complications
The executive order has raised questions about its enforceability and the limits of presidential power. Legal scholars point out that an executive order cannot override an act of Congress, leaving companies like Oracle and Akamai in murky legal territory.
“The president doesn’t have the authority to nullify a federal law by executive order,” said Alan Rozenshtein, a law professor at the University of Minnesota. “This order introduces more uncertainty rather than resolving the issue.”
The law includes a provision allowing TikTok to operate if Trump certifies to Congress that progress is being made toward divesting ByteDance’s ownership. However, critics warn that falsely certifying such progress could lead to serious legal and political repercussions for the administration.
Industry Response and Future Implications
The legal ambiguity surrounding TikTok’s status has left companies cautious. Observers predict that Apple or Google could seek a declaratory judgment to clarify the law’s application and potential liabilities. The situation also highlights the substantial power vested in the presidency to interpret and enforce such laws, a dynamic that has heightened concerns about consistency and fairness in enforcement.
For TikTok, the future hinges on whether a divestiture or restructuring deal can be reached to satisfy U.S. lawmakers. In the meantime, the app remains operational, but its fate is far from certain, with legal challenges and potential shifts in White House policy looming over its continued presence in the U.S. market.
“This is a delicate balancing act,” said Ryan Calo, a professor specializing in tech policy at the University of Washington. “While Trump’s actions buy time, they don’t eliminate the risks for TikTok or its business partners.”