Donald Trump Signs Executive Order Shielding TikTok from Immediate Ban in the U.S.

In a significant development concerning social media and national security, Donald Trump, the newly elected U.S. President, has signed an executive order that temporarily shields TikTok from being banned in the country. This move comes amidst ongoing debates and legal battles over TikTok's ownership and its potential risks to national security.

Executive Order Details: Temporary Protection for TikTok

On his inauguration day, President Trump signed an executive order that prevents the enforcement of a federal law aiming to ban TikTok in the United States. The order provides TikTok with a 75-day window during which the platform and any companies collaborating with it are protected from legal actions related to the ban.

Key Provisions of the Executive Order:

• Duration: The protection lasts for 75 days from the date of the order.

• Scope:

  • TikTok: The short-video platform is shielded from the immediate ban.

  • Partner Companies: Any businesses working directly or indirectly with TikTok will not face penalties or legal actions for noncompliance with the ban during this period.

• Department of Justice Directive: The Attorney General is instructed not to enforce the ban or impose penalties on entities involved with TikTok for any actions taken before or during the 75-day period.

Excerpt from the Executive Order:

“I hereby order the Attorney General not to take any action on behalf of the United States to enforce the Act for 75 days from the date of this order, to permit my Administration an opportunity to determine the appropriate course of action with respect to TikTok. During this period, the Department of Justice shall take no action to enforce the Act or impose any penalties against any entity for any noncompliance with the Act, including for distributing, maintaining, or updating (or enabling the distribution, maintenance, or updating) of any foreign adversary controlled application as defined in the Act.”

Expert Opinions: Legal and Constitutional Implications

Constitutional scholar Alan Rozenshtein from the University of Minnesota Law School emphasizes that an executive order cannot override an act of Congress. He points out that while the order provides temporary relief, it does not negate the legal basis for the TikTok ban. Rozenshtein highlights that the only way TikTok can continue operating in the U.S. is if President Trump certifies to Congress that TikTok has severed its ties with ByteDance, its parent company, and is now owned by a U.S. entity.

Ryan Calo, a law professor at the University of Washington specializing in tech policy, concurs with Rozenshtein. He states that President Trump lacks the authority to unilaterally enforce such an executive order without congressional approval. Calo further notes that companies like Apple and Google are likely withholding TikTok from their app stores pending clear legal and ownership confirmations to avoid hefty fines.

Impact on Major Tech Companies: Apple and Google

Despite the executive order, major technology companies Apple and Google have not reinstated TikTok on their respective app stores. Both companies cite their obligation to comply with U.S. laws, including the Protecting Americans from Foreign Adversary Controlled Applications Act, which explicitly prohibits apps developed by ByteDance and its subsidiaries from being available on their platforms in the U.S.

Apple's Official Statement:

“Apple is obligated to follow the laws in the jurisdictions where it operates. Pursuant to the Protecting Americans from Foreign Adversary Controlled Applications Act, apps developed by ByteDance Ltd. and its subsidiaries — including TikTok, CapCut, Lemon8, and others — will no longer be available for download or updates on the App Store for users in the United States starting January 19, 2025.”

This stance underscores the complexity of the situation, where legal directives and corporate compliance intersect, making the future of TikTok in the U.S. uncertain until concrete ownership changes are verified and approved by Congress.

Ownership and Compliance: The Path Forward for TikTok

For TikTok to remain operational in the United States beyond the 75-day protection period, President Trump must provide Congress with substantial evidence that TikTok has divested from ByteDance and is under U.S. ownership. This involves legally binding agreements and transparency regarding the platform's ownership structure.

Currently, TikTok's ownership includes:

• Institutional Investors (60%): Major firms like BlackRock, General Atlantic, and the Carlyle Group hold significant stakes.

• Founders and Employees (20% each): The remaining ownership is split between TikTok's founders and its global workforce.

Without fulfilling these conditions, the executive order serves only as a temporary reprieve, and the long-term viability of TikTok in the U.S. remains in jeopardy.

Looking Ahead: Future Developments and Potential Outcomes

As the 75-day protection window approaches its end, the fate of TikTok in the United States will hinge on:

• Congressional Approval: Verification and approval of TikTok’s ownership changes.

• Legal Challenges: Potential lawsuits and legal battles that may arise from both sides.

• Corporate Actions: Decisions by Apple, Google, and other tech companies based on legal and regulatory developments.

The situation remains fluid, with ongoing discussions and negotiations likely to shape the final outcome.

Do you believe the executive order signed by President Trump will effectively protect TikTok in the long run, or will the platform eventually face a ban in the U.S.? Share your thoughts and opinions in the comments below!