On Monday, US President Donald Trump issued an executive order extending TikTok’s operations for 75 days, a move that offers a reprieve for its users despite ongoing concerns about national security, reports AP.
ByteDance, TikTok’s China-based parent company, was required to secure a U.S. buyer or face a ban by Jan. 19. Trump’s order potentially provides additional time for ByteDance to arrange a sale.
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“I guess I have a warm spot for TikTok,” Trump remarked.
TikTok CEO Shou Zi Chew attended Trump’s inauguration earlier in the day, seated alongside prominent U.S. tech leaders.
Since joining the platform last year, Trump has gained nearly 15 million followers and credited TikTok for helping him connect with younger voters. However, its 170 million U.S. users faced a 12-hour outage between Saturday night and Sunday morning.
The platform went offline shortly before a ban—approved by Congress and upheld by the U.S. Supreme Court—was set to take effect Sunday. Following Trump’s announcement on Monday to temporarily halt the ban, TikTok restored access for existing users. However, Google and Apple have yet to reinstate the app in their stores.
The executive order raises questions about Trump’s strategy to address the regulatory, legal, financial, and geopolitical issues surrounding TikTok.
Origins of the TikTok Ban
TikTok, known for its short-form video content and advanced recommendation algorithm, has long faced scrutiny over its potential use by Beijing for spying or propaganda. This concern predates Trump’s first term.
In 2020, Trump issued executive orders targeting ByteDance and WeChat, another Chinese-owned app. While courts blocked those efforts, Congress passed a law last year mandating TikTok’s sale to a U.S. buyer or a ban.
The law, effective Sunday, allows fines of up to $5,000 per U.S. TikTok user for mobile app stores, such as Apple and Google, and hosting services like Oracle that continue distributing the app.
On Sunday, Trump urged U.S. service providers to keep TikTok operational while he prepared an executive order pausing the ban.
“The order will also ensure no liability for companies that kept TikTok online before it was signed,” Trump wrote on Truth Social.
Could the Law Allow a Delay?
The law includes provisions for a 90-day extension if progress toward a sale is evident before the ban’s effective date. However, Sarah Kreps, director of Cornell University’s Tech Policy Institute, questions whether this extension can apply retroactively.
“Executive orders can’t override existing laws,” Kreps explained. “It’s unclear if the president has the authority to extend a law already in effect.”
Alan Rozenshtein, a law professor at the University of Minnesota, notes that the president may have discretion to interpret what constitutes a “qualified divestiture” under the law, potentially allowing Trump to decide when ByteDance meets the requirements.
Could ByteDance Sell TikTok?
Despite ByteDance’s reluctance to sell, Beijing hinted at a softer stance on Monday, potentially allowing TikTok’s separation from its Chinese parent company. Chinese Vice President met with U.S. Vice President JD Vance and Elon Musk on Sunday.
Chinese Foreign Ministry spokesperson Mao Ning stressed that business decisions should follow market principles and adhere to Chinese regulations.
Previously, Beijing resisted selling TikTok, portraying the app as a symbol of resistance against U.S. pressure. However, Chinese President Xi Jinping and Trump discussed TikTok during a call on Friday, though specifics were not disclosed.
Trump has proposed a U.S. government-brokered deal for 50% control of TikTok, estimating its value at $500 billion. “It’s worthless without a U.S. buyer,” Trump stated.
Enforcement Challenges
The Justice Department typically enforces federal laws, but Trump’s executive order directs the attorney general to hold off enforcing the TikTok ban for 75 days to reassess the situation.
This delay might face legal challenges but offers TikTok more time.
Trump’s actions could conflict with lawmakers who supported the ban. House Speaker Mike Johnson reiterated the need for ByteDance’s full divestiture, saying, “I think we will enforce the law.”
Kreps noted the issue could raise questions about separation of powers and checks and balances, as enforcement is not solely under the executive branch’s purview.
Potential Legal Hurdles
Senator Tom Cotton of Arkansas highlighted several entities that could pursue enforcement of the ban, including state attorneys general and private organisations.
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Gus Hurwitz, a legal expert, remarked that tech companies often weigh the risk of civil penalties against their business interests. Compliance decisions could become particularly complex if shareholder lawsuits arise.
Companies Respond
Questions remain about the actions of companies supporting TikTok’s servers, such as Oracle and Akamai Technologies, as well as the decisions by Apple and Google to remove the app from their stores.
Oracle, which holds a 12.5% stake in TikTok Global, has not commented. Apple and Google have cited compliance with U.S. laws for pausing downloads.