President Donald Trump says his administration needs time to look at national security concerns about TikTok, so he is delaying implementing a ban on the social media app until spring. But it is unclear whether his executive order mandating it will pass legal muster.
Just hours after being sworn into office on Monday, Trump signed an executive order ordering the attorney general to take no action to enforce the law for 75 days. The measure took effect on Sunday, the day the ban was scheduled to begin, bringing the start of enforcement to April 1.
In the order, Trump said he plans to consult with his advisers, including the heads of relevant federal agencies, about the national security concerns presented by TikTok and “pursue a resolution that protects national security by saving a platform used by 170 million Americans”.
The order could face legal challenges. It is unclear whether Trump has the authority to direct the Justice Department not to enforce the law, which passed by wide margins in both houses of Congress and was signed into law by President Joe Biden last year.
But at least for now, these promises are good enough for at least some of TikTok’s online service providers. As of Tuesday evening on the East Coast, TikTok’s website and mobile apps were operational, although the apps had not yet returned to the Apple and Google app stores, making them unavailable to users who did not have the money to pay for them. saturday night.
Lawmakers in both political parties have long expressed concerns that TikTok could be a national security threat and could be used by the Chinese government to spy on Americans or spread disinformation to further China’s agenda. TikTok continues to deny these allegations.
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Under the law, TikTok had until January 19 to sell itself to a buyer deemed suitable by US officials or face a federal ban. The president has the option of extending this period by 90 days, but only if certain conditions are met, such as if a sale was in progress.
TikTok did not immediately comment on the order, but earlier expressed its thanks to Trump in a statement posted on social media platform X when it returned online on Sunday after briefly going dark on Saturday night before the ban began.
“We will work with President Trump on a long-term solution that keeps TikTok in the United States,” the statement said.
So what exactly happened over the weekend and what’s next for TikTok? Here’s what you need to know.
Check this out: US vs. TikTok: What happens next?
Weekend closing
TikTok was shut down in the US on Saturday night, citing the law that prohibits it. But Trump said Sunday morning that he would sign an executive order shortly after the inauguration that would delay the ban, allowing TikTok to return online.
In a post on his Truth Social platform, Trump urged companies that provide the online support necessary for TikTok to operate in the U.S. — and that could face hefty fines for violating the ban — not to leave the app. to darken”. promising that the executive order was coming.
He went on to propose the creation of a joint venture in which the US would have a 50% position, although he did not specify whether he meant an American company or the US government.
“By doing this, we save TikTok, keep it in good hands and let it stay up,” Trump said. “Without US approval, there’s no TikTok. With our approval, it’s worth hundreds of billions of dollars — maybe trillions.”
Saturday night’s shutdown came after a flurry of statements heading into the weekend that made it uncertain what would happen to TikTok when the ban began on Sunday.
TikTok said on Friday night that it would “go dark” on Sunday unless it received clear assurances from government officials that the ban would not be enforced. The statements issued by the Biden White House and the Justice Department “failed to provide the necessary clarity and certainty” for service providers required to make TikTok available in the US, TikTok said in a statement to X.
But the Biden White House on Saturday called TikTok’s remarks a “stunt,” saying there was no reason for TikTok or other companies to take any action before the Trump administration took over on Monday. Also on Saturday, Trump told NBC News that he would “most likely” delay the ban on TikTok for 90 days after taking office.
The statements came after the US Supreme Court last week rejected TikTok’s request to overturn the law, citing the government’s argument that the ban is not about free speech but about property and national security.
Trump, who called for a ban during his first term, now says he no longer favors one. Before oral arguments, Trump’s lawyers filed an amicus brief in the case. They did not take sides, but instead asked the court to delay the ban to give Trump time to come up with a “political resolution.”
What does the law do?
The law aims to force TikTok’s China-based parent company, ByteDance, to sell TikTok to a buyer that US officials are OK with, as well as ensure that ByteDance no longer has access to US user data or control on the TikTok algorithm.
Government officials and politicians are concerned that China could demand that TikTok hand over user data to the US and then use it for intelligence purposes. They worry that China could modify TikTok’s algorithm to flood Americans with Chinese propaganda.
TikTok has been given nine months to meet the Jan. 19 sales deadline, at which point the government can demand that its app be removed from US app stores and that other tech companies stop app and website support.
TikTok has long said a sale is not an option. Even if the 75-day extension stands, it won’t solve the problem if the company still refuses to sell.
Read more: TikTok likes to give financial advice. But don’t believe everything you hear
What is Trump’s position?
After initially calling for a ban during his first presidency, Trump said during the 2024 campaign that he was not in favor of one and vowed to “save TikTok,” though he did not specify how he would do so.
During a press conference in December, Trump noted the role TikTok played during the election, crediting it with helping him get the youth vote.
“TikTok had an impact, and so we’re taking a look at it,” Trump told reporters. “I have a little warm spot in my heart. I’ll be honest.”
Trump said in March on CNBC’s Squawk Box that while he still viewed the app as a national security risk, he no longer thought it should be banned, saying, “There are a lot of little kids on TikTok who are going to go crazy without it. “
Trump added that banning TikTok would only increase the power of Facebook, which he called “the enemy of the people.”
Who has opposed the TikTok ban?
Free speech and digital rights groups, as well as some security experts, have long opposed the idea of a ban, saying that singling out TikTok does nothing to address broader problems with social media. Some filed documents in the high court supporting TikTok.
Instead, they argue, lawmakers would be better off passing comprehensive digital privacy laws that would protect Americans’ personal information by regulating the ability of all social media companies to collect, share and sell it.
The Electronic Frontier Foundation challenged the ban, arguing it is unconstitutional on First Amendment grounds, and filed an amicus brief in the Supreme Court case. But the digital rights group said Tuesday that it is also unconstitutional for Trump to ignore a law that has been passed by Congress, signed by another president and upheld by the Supreme Court.
“And we’re also concerned about government pressure to force a sale based on buyers’ goodwill toward the administration — a particularly pernicious kind of ‘jawbone’ squeeze,” said EFF Civil Liberties Director David Greene. in an EFF statement. “There are no winners here unless Congress repeals this law.”
CNET’s Edward Moyer contributed to this report.