Trump signs executive order to delay TikTok ban
He told reporters, as he signed the executive order, that the U.S. “should be entitled to half of TikTok,” if an agreement for the app was reached. Without going into details, he said. He claimed that TikTok was worth trillions of dollars. Companies subject to the law, which forbids providing services to Chinese-owned TikTok, may determine that the order does not provide a shield from legal liability.
The federal law banning TikTok, which is owned by ByteDance, mandated that the app needed to be sold to a non-Chinese owner or it would be blocked. The law only allows for a 90-day delay if there is a buyer. It is not clear if this option is feasible, as the law has already been passed. By seeking to override federal law, Trump has raised serious questions regarding the limits of the presidential power in the United States and the rule-of-law. Lawmakers and legal experts are concerned about the legality and validity of the executive order. This is especially true in light of the Supreme Court’s ruling on Friday, which upheld the law and the reasons that legislators drafted it. TikTok was under fire for security reasons, including fears that the Chinese government might use it to spread propaganda and collect U.S. users’ data. App stores and cloud computing companies are subject to financial penalties if they continue to work with the app. The app worked again for those who had already downloaded it. However, the app disappeared from Apple and Google app stores on Sunday and was unavailable all day on Monday.
Mr. Trump’s efforts in order to keep TikTok on the internet have major implications for users. According to the order, the timing of the law is “unfortunate.” The administration will “pursue a resolution that protects national security while saving a platform used by 170 million Americans.” It says he wants to consult with advisers to review the concerns posed by TikTok and the mitigation measures the company has taken already.
The administration will “pursue a resolution that protects national security while saving a platform used by 170 million Americans,” according to the order, which called the law’s timing “unfortunate.”
The attorney general will send letters to companies covered by the law to tell them “that there has been no violation of the statute” and they won’t be held liable for providing services to TikTok during the 75 days, the order said.
That might not be enough reassurance, some legal experts said.
“I don’t think it’s consistent with faithful execution of the law to direct the attorney general not to enforce it for a determinate period,” said Zachary Price, a professor at the University of California College of the Law, San Francisco. “And even if that’s OK, the president doesn’t have the authority to eliminate the law itself and remove liability for the people who violate it while it’s not being enforced.”
TikTok and Apple did not immediately respond to requests for comment. Google declined to comment.
TikTok’s ties to China have long raised national security concerns, including with Mr. Trump. Near the end his first term, in 2020 Mr. Trump issued a executive order to bar app stores from offering TikTok for download. He then pushed for an American company to buy the app, but those efforts fizzled when he lost re-election.
Last year, the effort was revived by Congress and Mr. Biden signed it into law in April. The law was aimed at app stores like Apple’s and Google’s, as well as cloud computing companies. The law said that these companies were not allowed to distribute or host TikTok until the app had been sold by a non-Chinese person before Jan. 19, 2010. He joined the app in June and said on television in March that there are young people who would go “crazy” without TikTok. He joined the app in June and said on television in March that there are young people who would go “crazy” without TikTok.
“I guess I have a warm spot for TikTok that I didn’t have originally,” Mr. Trump said as he signed executive orders Monday evening.
TikTok challenged the law in federal court, saying it impeded its users’ rights to freedom of speech as well as the company’s own First Amendment rights. The Court of Appeals of the D.C. The Circuit Court upheld the law last December. TikTok filed an appeal with the Supreme Court which, on Friday, upheld the law. Users were grieved by its disappearance. Users grieved its disappearance.
On Sunday morning, Mr. Trump announced on Truth Social that he would “issue an executive order on Monday to extend the period of time before the law’s prohibitions take effect, so that we can make a deal to protect our national security.” He said he would not punish companies that had violated the law to keep the app online.
Hours later TikTok restored its service to U.S. users and welcomed them back with a message: “As a result of President Trump’s efforts, TikTok is back in the U.S.!”
As he signed executive orders in the Oval Office, Mr. Trump was asked why he had changed his mind about the app.
“Because I got to use it,” he said.
Tripp Mickle and Nico Grant contributed reporting.
Sapna Maheshwari contributed reporting
