President Trump Issues Executive Order to Suspend US TikTok Ban. But Can It Stick?
Background
TikTok’s China-based parent ByteDance was supposed to find a U.S. buyer or be banned on January 19. Trump’s order could give ByteDance more time to find a buyer.
“I guess I have a warm spot for TikTok,” Trump said, adding that the order will give him the right to “either sell it or close it.”
How Did the TikTok Ban Come About?
TikTok’s app allows users to create and watch short-form videos, and broke new ground by operating with an algorithm that fed viewers recommendations based on their viewing habits. But concerns about its potential to serve as a tool for Beijing to manipulate and spy on Americans pre-date Trump’s first presidency.
In 2020, Trump issued executive orders banning dealings with ByteDance and the owners of the Chinese messaging app WeChat. Courts ended up blocking the orders, but less than a year ago Congress overwhelmingly passed a law citing national security concerns to ban TikTok unless ByteDance sold it to an approved buyer.
What Difference Might the Sale of TikTok Make?
Kreps also doubts the conditions for a delay exist at this point without so much as even a potential buyer being named to prove that a sale was moving along.
But Alan Rozenshtein, a University of Minnesota law professor, has written that the law also empowers the president to decide what constitutes a “qualified divestiture” — suggesting Trump could have discretion to say whether or when ByteDance meets the terms of the Protecting Americans from Foreign Adversary Controlled Applications Act.
Who or What Can Enforce the Ban?
The Justice Department is generally tasked with enforcing the laws of the federal government, so it’s possible that Trump will direct the DOJ to ignore the law. Such a move might itself be subject to legal scrutiny but would buy time for TikTok.
What Are Other Potential Legal Obstacles?
Sen. Tom Cotton of Arkansas, in a message posted on X, listed a number of state and federal agencies, and private entities, that might be willing to go to court to get the ban enforced.
“Any company that hosts, distributes, services, or otherwise facilitates communist-controlled TikTok could face hundreds of billions of dollars of ruinous liability under the law, not just from DOJ, but also under securities law, shareholder lawsuits, and state AGs,” Cotton noted.
Which Companies Are Deciding Whether to Trust Trump’s Assurances?
There’s been lots of questions about how companies such as Oracle and Akamai Technologies are powering TikTok’s servers to stay online, while others such as Apple and Google have made the app unavailable for new users to download.
Conclusion
The future of TikTok in the US is uncertain, as the president’s executive order is met with legal and political pushback. While Trump has given ByteDance more time to find a buyer, it’s unclear whether this will be enough to avoid a ban.
FAQs
What is the TikTok ban? The ban is a US law that prohibits TikTok from operating in the country unless ByteDance sells it to an approved buyer.
Why was TikTok banned? TikTok was banned due to concerns over national security and the potential for the app to be used by Beijing to manipulate and spy on Americans.
What is the executive order? The executive order suspends the ban for 75 days, giving ByteDance more time to find a buyer.
Will the ban be enforced? It’s unclear whether the ban will be enforced, as Trump has given the Justice Department discretion to ignore the law.
What are the legal obstacles? There are several legal obstacles to the ban, including potential lawsuits from companies that host or distribute TikTok, and concerns over the enforceability of the law.
