Trump Signs Order to Delay TikTok Ban, But Legal Uncertainty Remains

Sophia Steele

Sophia Steele

January 21, 2025 · 3 min read
Trump Signs Order to Delay TikTok Ban, But Legal Uncertainty Remains

President Donald Trump has signed an executive order directing the Department of Justice to delay the enforcement of a ban on TikTok for 75 days, effectively circumventing a bipartisan law that took effect on January 19th. The order aims to give the administration time to determine the "appropriate course forward" in an orderly manner, but its legal validity and potential consequences for tech companies remain uncertain.

The move comes as a surprise, given Trump's previous stance on TikTok. In 2020, he issued an executive order banning the app, citing national security concerns. However, with the new order, Trump appears to be attempting to override the law, which demands that TikTok spin off from its Chinese parent company ByteDance or face a ban. The law was passed by a bipartisan Congress, signed by former President Joe Biden, and upheld by the entire Supreme Court.

Legal experts have questioned the validity of Trump's order, pointing out that it may not be enough to convince service providers to reinstate TikTok. Companies like Apple and Google could still face up to $850 billion in potential penalties for violating the law, even if they comply with Trump's order. The government could act on any potential violation even five years after it happens, and an executive order does not change that.

Moreover, the order itself is ambiguous, stating that it is "not intended to, and does not, create any right or benefit, substantive or procedural, enforceable at law or in equity by any party against the United States." This language makes it even less reliable as a defense for companies, leaving them uncertain about their legal standing.

Trump's motivations behind the order are unclear, but it may be related to his recent statement on Truth Social, where he asked companies to keep working with TikTok. This move could be seen as an attempt to curry favor with the tech industry, but it raises more questions than answers. For instance, how would the administration's proposed "joint venture" with a private company to own 50% of TikTok work, and what are the implications for the app's users and the broader tech ecosystem?

The delay in the TikTok ban may provide temporary relief for the app's users and creators, but it does not address the underlying concerns about national security and data privacy. As the administration navigates this complex issue, it remains to be seen whether Trump's order will hold up in court and what the long-term consequences will be for the tech industry.

In the meantime, tech companies are left to weigh the risks and benefits of complying with Trump's order. Will they take the administration's assurances at face value, or will they err on the side of caution and maintain their distance from TikTok? Only time will tell, but one thing is certain – the saga of TikTok and its uncertain future in the US market is far from over.

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