Trump Signs Executive Order To Delay TikTok Ban

President Donald Trump used his first day in office to sign a huge number of executive orders, including one for TikTok, but with a twist.

The White House announced President Trump had on Monday signed an executive order to delay the law (otherwise known as the ‘Protecting Americans from Foreign Adversary Controlled Applications Act) that had been slated to begin on Sunday 19 January 2025.

The order delays by 75 days the enforcement of a ban on TikTok, and it comes after Shou Zi Chew, TikTok’s CEO, was among the leaders of big name tech firms that had attended the inauguration of Donald Trump as the 47th President of the United States.

Executive order

In his first day in power, Trump has signed a slew of executive orders including a revocation of 78 of the orders and actions of President Biden; as well as pardoning and communing the prison sentences for the rioters who took part in the attempted insurrection on 6 January 2021.

Trump also signed executive orders declaring an emergency on America’s southern border with Mexico, withdrawing from the World Health Organisation (WHO), withdrawing from the Paris Climate Accords, and withdrawing from the internationally agreed 15 percent global tax deal reached with the OECD.

But it was the widely anticipated TikTok executive order that attracted immediate scrutiny from the tech sector, as it keeps TikTok operating for 75 days, which will be a relief to the 170 million American users, despite the ongoing national security questions.

“I have the unique constitutional responsibility for the national security of the United States, the conduct of foreign policy, and other vital executive functions,” Trump’s executive order states. “To fulfill those responsibilities, I intend to consult with my advisors, including the heads of relevant departments and agencies on the national security concerns posed by TikTok, and to pursue a resolution that protects national security while saving a platform used by 170 million Americans. My Administration must also review sensitive intelligence related to those concerns and evaluate the sufficiency of mitigation measures TikTok has taken to date.”

“The unfortunate timing of section 2(a) of the Act – one day before I took office as the 47th President of the United States – interferes with my ability to assess the national security and foreign policy implications of the Act’s prohibitions before they take effect,” the order added.

“This timing also interferes with my ability to negotiate a resolution to avoid an abrupt shutdown of the TikTok platform while addressing national security concerns,” the order states. “Accordingly, I am instructing the Attorney General not to take any action to enforce the Act for a period of 75 days from today to allow my Administration an opportunity to determine the appropriate course forward in an orderly way that protects national security while avoiding an abrupt shutdown of a communications platform used by millions of Americans.”

However Chinese owner ByteDance has not changed its stance, and has always stated that it would rather shutter the app in the US rather than sell it.

Is it legal?

However there are legal questions as to whether Trump’s executive order can override existing laws, especially as the TikTok ban law had been upheld by the US Supreme Court.

“Executive orders cannot override existing laws,” Sarah Kreps, director of Cornell University’s Tech Policy Institute told the Associated Press. “It’s not clear that the new president has that authority to issue the 90-day extension of a law that’s already gone into effect.”

The law allows for fines of up to $5,000 per US TikTok user against app stores (Apple App Store, Google Play) – as well internet hosting services like Oracle if they continued to distribute TikTok to US users beyond the deadline for ByteDance’s divestment.

TikTok Ban

The US Congress had passed a bill in April 2024 mandating that parent company ByteDance either sell TikTok to a non-Chinese owner or face a total shutdown.

Shortly after that US President Joe Biden signed the bill into law.

TikTok is already been banned on US federal devices due to national security concerns.

A majority of US states have also banned the app on state-owned devices.

Republican opposition

Trump’s executive order to delay the ban on TikTok could potentially put him on a collision course with many prominent Republicans who have backed the ban.

Remember, the law banning TikTok had passed by a huge margin of 360 to 58 in the House, with broad bipartisan support.

Republican House Speaker Mike Johnson for example called ByteDance’s ownership “a very dangerous thing,” and said he expected a full sale to happen, the AP noted.

“I think we will enforce the law,” Johnson reportedly told NBC News’ “Meet the Press” on Sunday.

Meanwhile Republican Senator Tom Cotton of Arkansas, who has been a vocal backer of the ban on TikTok, tweeted on X a list of the 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 tweeted.

Tom Jowitt

Tom Jowitt is a leading British tech freelancer and long standing contributor to Silicon UK. He is also a bit of a Lord of the Rings nut...

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