President Trump Issues Executive Order Pausing TikTok Ban, but There’s a Catch

On his first day in office, President Donald Trump signed an executive order directing the Department of Justice (DOJ) not to enforce the TikTok ban mandated by the Protecting Americans from Foreign Adversary Controlled Applications Act. This act requires TikTok’s parent company, ByteDance, to divest its U.S. operations or face a nationwide ban.

Executive Order Details

The order effectively extends the deadline for ByteDance to sell TikTok by 75 days, barring the DOJ from imposing penalties on companies working with TikTok during this period. The Attorney General has been directed to inform relevant entities that no violations or liabilities occurred under the statute.

Furthermore, the DOJ has been ordered to halt enforcement actions for any noncompliance before or during the extension period, including actions dating back to January 19, 2025. This temporary pause aims to provide the Trump administration with time to reassess its approach to TikTok and similar foreign-controlled applications.

Legal Uncertainty

The legality of Trump’s order is unclear. The law explicitly allows for a 90-day extension only if ByteDance announces a sale to a U.S.-based company before the original deadline. Since no such sale has occurred, Trump’s executive order may face legal challenges.

Despite Trump’s assurances, companies like Apple and Google may remain reluctant to reinstate TikTok due to potential liabilities. Violating the bipartisan law may lead to fines of up to $850 billion and legal actions lasting up to five years. Legal experts suggest the executive order offers only limited protection and does not override Congress or Supreme Court rulings.

Trump’s Proposal for TikTok Ownership

Adding to the complexity, Trump has proposed that the U.S. government own 50% of TikTok through a joint venture with a private company. However, the mechanics of such a partnership remain undefined, raising questions about its feasibility.

Meanwhile, ByteDance has denied any intentions of selling its business to the US to keep TikTok functional in the region.

The executive order reflects Trump’s efforts to preserve TikTok’s presence in the U.S., but its long-term fate remains uncertain. While TikTok briefly went offline over the weekend, it quickly returned, albeit without availability on Apple’s App Store and Google Play.