President Donald Trump on Monday issued an executive order that gives TikTok more time to operate after Congress’ ban took effect on Sunday.
Before taking office Trump indicated he had reversed his previous position on banning the video-sharing app and vowed to take action to figure out a solution after he was inaugurated.
The legislation requires ByteDance, the China-based company that owns the app, to either sell it or refrain from offering it in the United States.
Trump explained in the order that he intends 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.”
The president further asserted that the timing of the law “interferes with my ability to negotiate a resolution to avoid an abrupt shutdown of the TikTok platform while addressing national security concerns.”
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.
The order mandates that “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 a post on Truth Social days before his inauguration, President Trump asked app stores to continue offering the app for download, promising to “issue an executive order…to extend the period of time before the law’s prohibitions take effect, so that we can make a deal to protect our national security.”
He also said he “would like the United States to have a 50% ownership position in a joint venture.”
Congress passed the ban last year over concerns that ByteDance would be compelled to share Americans’ data with the Chinese Communist Party (CCP). Proponents also argued that the CCP was using the app to disseminate pro-China propaganda on the platform.
The case came before the Supreme Court on January 10, just days before the ban was set to take effect. The court ultimately upheld the law, citing national security concerns, which prompted Trump’s intervention.
Critics of the law contend that it violates the First Amendment right to freedom of expression and would affect numerous content creators who earn a living on the platform.
Now, it appears Trump might seek a solution that involves ByteDance selling the company to American entities to satisfy the conditions of the law. If this is the case, the 75-day reprieve could buy him and ByteDance enough time to decide how to proceed.