President Trump signed an executive order on Monday to postpone implementation Federal TikTok ban for 75 days, although the law took effect on Sunday and it is not clear that such a move could overturn it.
The order, one of Mr. Trump’s first actions after taking office, orders the attorney general not to take any law enforcement action until his administration has “had an opportunity to determine the appropriate path forward.” The order is retroactive to Sunday.
As he signed the order, Trump told reporters that “the United States should be entitled to half of TikTok” if an agreement is reached on the app, without elaborating. He said he believes TikTok could be worth $1 trillion.
The order could immediately face legal challenges, including whether the president has the authority to stop implementation of a federal law. Companies subject to the law, which prohibits providing services to Chinese-owned TikTok, may decide that the order does not provide a shield from legal liability.
The federal law banning TikTok, which is owned by ByteDance, stipulates that the app must be sold to a non-Chinese owner or it will be banned. The only remedy provided by law is a 90-day extension if a potential buyer is found. Even so, it is unclear whether this option is viable, given that the law is already in effect. The law also limits how much of a share of TikTok can remain under foreign ownership.
By seeking to bypass federal law, 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 expressed concerns about the legality of the executive order, especially in the wake of… The Supreme Court ruling was upheld The law on Friday and the national security concerns that prompted lawmakers to draft it in the first place.
The former president was Joseph R. Biden Jr I signed the lawwhich passed overwhelmingly in Congress last year, forcing ByteDance to sell TikTok or face a ban. TikTok has faced security concerns that the Chinese government might use it to spread propaganda or collect US user data. The law imposes financial penalties on app stores and cloud computing providers unless they stop working with the app.
Tik Tok It went dark for a while For users in the US over the weekend, but it returned on Sunday After Mr. Trump Social media announcement that he was planning to issue an executive order. While the app was working again for people who had already downloaded it, it disappeared from the Google and Apple app stores on Saturday and remained unavailable on Monday.
Mr. Trump’s efforts to keep TikTok online have major implications for his app Users. The application has Reshaping The social media landscape has defined popular culture and provided livelihoods for millions of influencers and small businesses that rely on the platform.
Mr. Trump said in the executive order that his constitutional responsibilities include national security. It says it wants to consult with advisors to review the concerns raised by TikTok and the mitigation measures the company has already taken.
The administration will “follow a decision that protects national security while saving a platform used by 170 million Americans,” according to the order, which called the timing of the law “unfortunate.”
The order said the attorney general would send letters to companies covered by the law telling them “there was no violation of the law” and they would not be held liable for providing services to TikTok within 75 days.
Some legal experts said this may not be enough reassurance.
“I don’t think it is consistent with faithful implementation of the law to direct the attorney general not to enforce it for a specific period,” said Zachary Price, a professor at the University of California, San Francisco School of Law. “Even if that were fine, the president does not have the authority to repeal the law itself and remove liability from people who violate it while not enforcing it.”
TikTok and Apple did not immediately respond to requests for comment. Google declined to comment.
TikTok’s ties to China have long been on the rise National security concernsincluding with Mr. Trump. Near the end of his first term in 2020, Mr. Trump Issued an executive order It would prevent app stores from making TikTok available for download. He then pushed an American company to buy the app, but these efforts failed when he lost re-election.
Last year, Congress revived the effort and Biden signed it into law in April. The law targets app stores, such as those run by Apple and Google, and cloud computing companies. She said those companies cannot distribute or host TikTok unless the app is sold to a non-Chinese owner by January 19.
Then Mr. Trump reversed his positions. He joined the app in June and he said on television in March That there are young people who would go crazy without TikTok.
“I think I have an interest in TikTok that I didn’t originally have,” Mr. Trump said as he signed the executive orders on Monday evening.
Tik Tok He challenged the law in federal courtSaying it impedes its users’ rights to free speech as well as the company’s First Amendment rights. 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 Democrats Make one last effort To prevent the law from taking effect. But on Saturday, TikTok stopped working in the US and disappeared from the Apple and Google app stores just hours before midnight. Users sad His disappearance.
On Sunday morning, Trump announced on Truth Social that he “will issue an executive order on Monday to extend the period of time before the ban goes into effect, so we can make a deal to protect our national security.” He said he would not penalize companies that violated the law to keep the app online.
Hours later, TikTok restored its services to users in the United States and welcomed them back with a message: “As a result of President Trump’s efforts, TikTok is back in the United States!”
As he signed the executive orders in the Oval Office, Mr. Trump was asked why he changed his mind about the app.
“Because I have to use it,” he said.
Tripp Mickle and Nico Grant contributed reporting.
Sapna Maheshwari Contributed to reports
