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Trump Delays TikTok Ban, Grants ByteDance 75 Days

Trump Delays TikTok Ban, Grants ByteDance 75 Days

Trump Delays TikTok Ban, Grants ByteDance 75 Days \ Newslooks \ Washington DC \ Mary Sidiqi \ Evening Edition \ President Donald Trump signed an executive order granting TikTok 75 more days to operate in the U.S., easing its imminent ban. This extension gives ByteDance time to find a U.S. buyer amid national security concerns. While TikTok remains unavailable for new downloads, existing users regained access, though regulatory and legal challenges continue to loom.

Trump Delays TikTok Ban, Grants ByteDance 75 Days
From left, Google CEO Sundar Pichai, TikTok CEO Shou Chew, Apple CEO Tim Cook and Tesla and SpaceX CEO Elon Musk speak with each other at the conclusion of the 60th Presidential Inauguration in the Rotunda of the U.S. Capitol in Washington, Monday, Jan. 20, 2025. (Saul Loeb/Pool photo via AP)

Trump Delays TikTok Ban Quick Looks

  • Executive Order Signed: Trump allows TikTok 75 days to operate while a buyer is sought.
  • Existing Users Restored: TikTok’s platform, briefly offline, is back for current users but still banned in app stores.
  • Congress-Backed Ban: A law mandates ByteDance sell TikTok to avoid U.S. national security risks.
  • Geopolitical Intricacies: Beijing signals possible leniency on ByteDance divestiture amid U.S.-China tensions.
  • Legal Ambiguities: Trump’s authority to override existing laws sparks debates over presidential powers.

Deep Look

On Monday, President Donald Trump signed an executive order to delay the ban on TikTok by 75 days, providing the social media platform’s China-based parent company, ByteDance, additional time to secure a U.S. buyer. The move temporarily resolves an escalating conflict over TikTok’s future in the United States but raises questions about national security, presidential authority, and the intersection of business and geopolitics.

A Temporary Lifeline for TikTok

ByteDance faced a January 19 deadline to sell TikTok’s U.S. operations or see the app banned under the Protecting Americans from Foreign Adversary Controlled Applications Act, passed last year. The legislation cited national security concerns, including the app’s potential to allow Beijing to collect data on American users or influence public discourse.

The ban, which took effect Sunday, prompted Google and Apple to remove TikTok from their app stores, leaving the platform inaccessible to new users. For existing users, TikTok experienced a 12-hour service outage before Trump’s executive order restored access.

Trump’s order not only delays enforcement of the ban but also shields companies like Oracle and Akamai Technologies, which support TikTok’s operations, from potential liability under the new law. “There will be no liability for any company that helped keep TikTok from going dark before my order,” Trump wrote on Truth Social.

Geopolitical Maneuvering: Beijing’s Changing Tone

The TikTok saga is deeply tied to U.S.-China relations, with ByteDance caught in the crossfire of escalating tensions between the two nations. For years, ByteDance has resisted pressure to sell TikTok, arguing that the app operates independently of Beijing’s influence. However, Monday brought signs of a potential shift in China’s stance.

Chinese Vice President Han Zheng met with U.S. Vice President JD Vance and Tesla CEO Elon Musk over the weekend, reportedly discussing TikTok among other topics. Meanwhile, Chinese Foreign Ministry spokeswoman Mao Ning signaled a softer tone, stating that acquisitions involving Chinese companies should adhere to both market principles and Chinese laws.

While Beijing has previously framed the sale of TikTok as capitulation to U.S. demands, Monday’s statements suggest a potential willingness to allow divestiture. This marks a significant departure from earlier rhetoric, where TikTok’s fate was portrayed as a matter of national pride.

Legal and Regulatory Hurdles

Trump’s executive order has sparked legal debates about the limits of presidential authority. The Protecting Americans from Foreign Adversary Controlled Applications Act allowed for a 90-day extension if ByteDance demonstrated progress toward a sale before the law took effect. However, legal scholars question whether Trump’s order, issued retroactively, can lawfully invoke this provision.

“Executive orders cannot override existing laws,” said Sarah Kreps, director of Cornell University’s Tech Policy Institute. “It’s unclear whether the new president has the authority to extend deadlines for a law already in effect.”

Complicating matters further, ByteDance has yet to name a potential buyer. Alan Rozenshtein, a University of Minnesota law professor, noted that the law gives the president discretion to define what constitutes a “qualified divestiture,” potentially allowing Trump to determine whether ByteDance is making sufficient progress toward compliance.

TikTok’s Economic and Cultural Impact

For TikTok’s 170 million U.S. users, including influencers and businesses reliant on the platform, Trump’s reprieve offers a temporary sense of relief. TikTok has become a vital tool for marketing, entertainment, and political engagement, with many creators building lucrative careers on the platform.

Trump himself is a notable TikTok user, boasting nearly 15 million followers. He credited the app with helping him connect with younger voters during his 2024 campaign, making the platform’s continued operation a politically strategic move.

The 12-hour outage over the weekend highlighted TikTok’s significance, sparking concern among users and content creators about the app’s future. Influencers and businesses are now closely watching the negotiations to determine whether the platform can remain viable in the U.S. market.

The Role of Tech Companies

Tech companies like Oracle, which holds a 12.5% stake in TikTok Global, and Akamai Technologies, which supports the platform’s servers, find themselves at the center of a complex legal and business calculus.

If the ban is enforced, companies facilitating TikTok’s operations could face fines of up to $5,000 per user under the Protecting Americans from Foreign Adversary Controlled Applications Act. This potential liability, amounting to billions of dollars, has led some companies, like Apple and Google, to comply with the ban by removing TikTok from their app stores.

Legal scholar Gus Hurwitz noted that the decision to comply with or challenge the law involves weighing financial risks against broader business relationships. Oracle, for example, holds a share of the Pentagon’s $9 billion cloud computing contract, making its cooperation with the administration potentially critical.

“This could be the right business decision to make,” Hurwitz said, emphasizing that companies routinely navigate similar risks in other regulatory contexts.

Potential Outcomes for TikTok

ByteDance now has 75 days to finalize a solution, with several potential outcomes on the table:

  1. Full Sale to a U.S. Buyer: ByteDance could divest TikTok entirely, satisfying the law’s requirements. However, the high valuation of TikTok, estimated at tens of billions of dollars, complicates the search for a buyer.
  2. Joint Venture: Trump has floated the idea of a joint U.S.-Chinese ownership model, with 50% U.S. control of TikTok. Such an arrangement could appease both Beijing and Washington but would require careful negotiation.
  3. Renewed Ban: If no solution is reached within 75 days, the ban could be reinstated, forcing TikTok offline and leaving its U.S. future in limbo.

Political and Public Reaction

Trump’s decision to delay TikTok’s ban has drawn mixed reactions. Critics, including many lawmakers who supported the ban, argue that the move undermines national security concerns and congressional authority.

House Speaker Mike Johnson reiterated his call for ByteDance to divest TikTok entirely, labeling the company’s ownership “a very dangerous thing.” Sen. Tom Cotton, a staunch critic of TikTok, warned that enforcement of the ban might still proceed through lawsuits by state attorneys general or shareholder actions against companies supporting TikTok.

Supporters of Trump’s decision argue that the extension provides an opportunity for a balanced resolution that preserves both national security and the platform’s economic and cultural contributions.

Conclusion

President Trump’s executive order delaying TikTok’s ban offers a temporary lifeline to the platform and its users but leaves critical questions unanswered. ByteDance must act quickly to navigate the legal, regulatory, and geopolitical challenges surrounding its U.S. operations.

The next 75 days will be pivotal in determining TikTok’s future in the U.S. market, as negotiations between ByteDance, potential buyers, and government regulators continue. Trump’s intervention underscores the complexities of balancing national security concerns with economic and cultural priorities in the modern digital age.

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