A federal law getting passed introduced a ban on TikTok in the country, but newly elected U.S. President Donald Trump came in and signed an executive order on his inauguration day that protects the short-video-uploading platform from such a fate. Unfortunately, the app will only be protected for 75 days, but during this period, a new report states that any company or business that works with TikTok will be protected too.
Constitutional scholar believes that an executive order does not mean that TikTok is not breaking the law, but there is one exception that will allow the app to continue operating in the United States
Part of the executive order signed by Donald Trump that prevents the TikTok ban is mentioned below. During this period, it is mentioned that the Department Of Justice will not intervene to impose any penalties against any entity that works with TikTok, directly or indirectly.
“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.
In light of this direction, even after the expiration of the above-specified period, the Department of Justice shall not take any action to enforce the Act or impose any penalties against any entity for any conduct that occurred during the above-specified period or any period prior to the issuance of this order, including the period of time from January 19, 2025, to the signing of this order.”
As reported by NPR, Constitutional scholar Alan Rozenshtein of the University of Minnesota Law School has said that Donald Trump shielding TikTok and other companies with a ban does not ‘change an act of Congress.’ However, one exception will allow TikTok to continue operating in the U.S., and that is if Trump can certify to Congress that progress is being made to ensure that TikTok breaks away from ByteDance’s ownership.
Of course, this means that Trump needs to show Congress proof that legally binding agreements exist, revealing TikTok’s ownership changes. Assuming that Donald Trump has told Congress all of the aforementioned things, which in reality, have not transpired, Alan Rozenshtein says that it ‘effectively’ means that the U.S. President is lying to Congress.
Ryan Calo, a law professor at the University of Washington who specializes in tech policy, shares the same views as Rozenshtein, stating that Trump does not possess such power, and he cannot call something an executive order of his own accord. A possible reason why companies like Apple, Google, and others have yet to restore TikTok on their platforms is they likely have to see the legally binding proof too, or risk hefty fines. We will continue to provide updates on this development, so stay tuned.
News Source: The White House
