As promised, TikTok has been granted a reprieve in the United States. On Monday, January 20, the newly sworn-in Donald Trump signed, among many others, an executive order ordering his government to suspend, for 75 days, the application of the law that bans the social network in the United States, unless it is sold.
Back at the White House, the American president played down the national security risks posed by the Chinese platform. "There are so many products that are made in China and the only one that (elected members of Congress - Editor's note) complain about is TikTok." "Let's be honest, we have bigger problems than China getting information from young kids" who use the platform, he added, as quoted by The Verge.
Trump asks Justice Department not to sanction app stores
In concrete terms, the president is asking the Justice Department not to sanction app stores or other service providers that fail to comply with the law, for 75 days. The attorney general is supposed to "send a letter to each provider (of the service concerned, editor's note) stating that there has been no violation of the law and that there is no liability" that will be incurred.
These 75 days will allow the Trump administration "to determine the appropriate course of action in an orderly manner to protect national security while avoiding an abrupt shutdown of a communications platform used by millions of Americans," the decree states. The new head of state has proposed that ByteDance, the parent company of the social network, sell 50% of its capital to the United States: this stake would then be allocated to American shareholders.
A questionable approach
However, many question the legality of Donald Trump's approach, which seeks to circumvent the application of the April 2024 law adopted under the Joe Biden administration. The law, which bans TikTok in the country unless it is divested, went into effect on Jan. 19, one day before Donald Trump’s inauguration. It was unanimously upheld by the Supreme Court on Jan. 17. But on that day, no sale was announced, and no divestiture appears to be in the works.
After the executive order was announced, experts questioned whether such a reprieve was legally permissible after the deadline, The Verge reports. Others pointed out that executive orders cannot override existing laws, AP News reports. "This is about the separation of powers, the balance of powers, and the fact that we don't have a king who decides what happens to the law," says Sarah Kreps, director of the Tech Policy Institute at Cornell University, quoted by our colleagues at the Associated Press.
As a result of the law's entry into force, TikTok was first briefly disabled on Sunday, January 19, before being reconnected - in part. However, the platform was removed from Apple and Google's app stores; it had not returned on Tuesday, January 21, despite Trump's decree.
Because these companies are risking a lot. They could indeed have to pay fines of up to $850 billion if they violate the April 2024 law. As our colleagues at The Verge explain, the US Department of Justice can review any violation of the law up to five years after the fact. And a decree, even if presidential, would not change anything.
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