Trump Issues Executive Order Protecting TikTok from Ban for 75 Days, Ensuring Companies Collaborating with Platform Face No Liability

In a significant move, a federal law proposing a ban on TikTok was recently introduced. However, newly inaugurated U.S. President Donald Trump signed an executive order on his first day in office, temporarily safeguarding the popular short-video platform from such prohibitions. This executive action offers protection for a span of 75 days and interestingly extends immunity to any businesses or organizations collaborating with TikTok during this timeframe.

The Limitation of Executive Orders on Legal Compliance

Despite the temporary reprieve granted by Trump’s executive order, some legal experts express reservations about its implications for TikTok’s legality. Constitutional scholar Alan Rozenshtein from the University of Minnesota Law School emphasizes that while the order provides a brief escape from enforcement, it does not absolve TikTok from potential legal violations. However, there exists a conditional exception permitting the app’s continued operation in the U.S.

“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.”

According to reports from NPR, Rozenshtein contends that the executive order does not change existing congressional law. For TikTok to maintain its presence in the U.S. market, Trump must demonstrate to Congress that steps are being taken to sever the app’s ties with its parent company, ByteDance. This entails providing concrete proof of legally binding agreements that would clarify changes in TikTok’s ownership structure.

If Trump claims to have fulfilled these requirements, Rozenshtein warns that any lack of substantiation may imply that the President is misleading Congress. This concern is echoed by Ryan Calo, a law professor at the University of Washington, who specializes in technology policy. Calo maintains that Trump lacks the authority to arbitrarily label an action as an executive order.

Moreover, the hesitation of major tech firms like Apple and Google to reinstate TikTok on their platforms likely stems from their need for verified proof of ownership restructuring to avoid significant penalties. We will continue to monitor this situation closely and provide updates as developments unfold.

For further details, visit The White House.

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