TikTok vs US Law: Trump’s Last-Ditch Effort to Shield the App

 

Trump’s executive order offers a 75-day reprieve for TikTok, but legal hurdles loom
ⓒAP Photo/Evan Vucci

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Trump’s Executive Order: Protecting TikTok Amid Legal Uncertainty

The Growing Tension Between the US and TikTok
In a significant move on January 20, 2025, President Donald Trump signed an executive order intended to temporarily protect TikTok from a potential ban in the United States. This order came at a pivotal moment, as a new law that would effectively prohibit TikTok had already been set in motion. While Trump’s action is seen as a strategic move to buy time, legal experts and lawmakers are divided over its potential to stave off the ban.

Trump’s decision to issue this executive order offers TikTok a 75-day window in which his administration can address national security concerns and engage in discussions about the future of the app. This reprieve, however, does not directly challenge the law but rather delays its full enforcement.

Legal Grounds for Trump’s Executive Order
Trump’s executive order claims to rely on the president’s constitutional authority and his unique responsibilities as commander-in-chief. He contends that the timing of the new law interferes with his ability to adequately assess its implications for national security and foreign policy. In his directive, Trump stressed that the law, which blocks TikTok from operating in the US unless ByteDance sells its operations to a non-adversarial country, needed more time for proper evaluation.

While the intention behind the executive order is clear, legal experts argue that the order may not be sufficient to prevent TikTok’s shutdown. Kent Law School’s Mark Rosen pointed out that under current Supreme Court precedents, presidential orders that conflict with federal law have been historically invalidated. The 1952 Youngstown Sheet & Tube Co. v. Sawyer case, which limited presidential power, serves as a precedent that could make Trump’s actions legally dubious.

The Implications of the Law on TikTok and Big Tech
The law at the heart of this debate is the Protecting Americans from Foreign Adversary Controlled Applications Act, which mandates that ByteDance divest its stake in TikTok or face a complete shutdown. This law does not directly ban the app, but instead targets its presence on major app stores, such as those run by Apple and Google. Despite the law's effect, many argue that it is a means to protect national security from foreign influence, particularly China.

The law’s impact has left major tech players like Apple, Google, and Microsoft with a difficult decision: comply with the law or face potential penalties. These companies have already begun removing TikTok from their app stores, further complicating the situation. TikTok’s CEO Shou Zi Chew and leaders of other tech giants have been caught in the crossfire, as they must navigate the tension between US legal requirements and global business interests.

Trump’s Political Maneuvering and Opposition
Trump’s executive order was not without its critics, even within his own party. Prominent Republican figures like Senators Tom Cotton and Pete Ricketts have expressed doubts about the legality of the order. They argue that the law, which was passed with strong bipartisan support, must be enforced without any extensions or exemptions for TikTok. Speaker of the House Mike Johnson also voiced concerns, emphasizing the need for the law to be upheld.

Despite the opposition, Trump has remained firm in his stance, even proposing that the US government take a 50% stake in TikTok’s US operations as part of a joint venture. He has also suggested imposing tariffs on China if the country fails to approve a buyer for TikTok's assets. Trump’s rhetoric underscores his belief that TikTok could be worth up to $1 trillion, making it a valuable asset in both geopolitical and economic terms.

The Future of TikTok in the US: A Legal Battleground
The 75-day window provided by Trump’s executive order could prove to be a critical period for TikTok. It will allow the administration to negotiate with ByteDance, explore potential buyers, and address the security concerns that have prompted the ban. However, the legal challenges ahead are significant. As the law continues to move forward, Trump’s executive order may face judicial scrutiny, particularly from lawmakers who have a vested interest in enforcing the law as written.

If the courts ultimately rule against Trump’s executive order, TikTok could face a full ban in the US, which would have far-reaching implications for the app’s millions of American users and its global operations. This could also set a precedent for future regulatory actions targeting foreign-controlled tech companies in the US, further exacerbating tensions between the US and China.

The Broader Impact on US-China Relations and Global Tech
The TikTok controversy is not just a matter of app downloads or data privacy; it is part of a larger geopolitical struggle between the US and China. As tensions between the two superpowers continue to rise, the battle over TikTok serves as a microcosm of the broader technological and economic rivalry. The US has increasingly taken a hardline stance on Chinese tech companies, citing concerns over data security and espionage.

The outcome of this situation will likely have implications beyond TikTok. If TikTok is banned, it could signal a tougher stance on other Chinese-owned tech companies in the future, further complicating the global tech landscape. On the other hand, if Trump’s executive order succeeds in preserving TikTok’s presence in the US, it could pave the way for future negotiations over foreign tech companies and national security concerns.

How Will TikTok Adapt to This Uncertainty?
As of January 2025, TikTok remains unavailable on major app stores, but the app has not been completely shut down. Trump’s executive order allows the platform to continue operating while discussions unfold. TikTok’s future in the US hinges on these developments, with the 75-day period offering a critical window for resolution.

TikTok’s leadership will likely need to make strategic decisions about how to handle the growing pressure from both the US government and its users. Whether through a potential sale or a partnership with a US-based entity, TikTok must navigate the complex legal and political landscape to secure its place in the market.

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Summary:
Trump’s executive order provides TikTok with temporary relief from a potential US ban, allowing a 75-day window to resolve national security concerns. While the order is seen as a political maneuver, it faces significant legal challenges. The outcome will have far-reaching implications for US-China relations and the global tech market.

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Frequently Asked Questions (FAQ)

1. What is Trump’s executive order regarding TikTok?
Trump’s executive order aims to temporarily protect TikTok from a US ban, providing a 75-day window to address national security concerns.

2. Why is TikTok facing a potential ban in the US?
TikTok is facing a ban due to concerns over data security, with the US government claiming that its parent company, ByteDance, has ties to the Chinese government.

3. Can Trump’s executive order stop the ban?
While Trump’s executive order delays the ban, legal experts argue that it may not be sufficient to override the new law that mandates TikTok’s divestment or shutdown in the US.

4. What is the Protecting Americans from Foreign Adversary Controlled Applications Act?
This law requires ByteDance to sell TikTok’s US operations to a non-adversarial entity, or the app will be banned from US app stores.

5. How will the TikTok controversy affect US-China relations?
The TikTok debate is part of a larger geopolitical struggle between the US and China over technology, data privacy, and national security concerns.