The last few weeks for TikTok have been chaotic. Here are some questions about it answered.
Why is this happening right now?
Tiktok is facing scrutiny right now because of an act passed by Congress called the “Protecting Americans from Foreign Adversary Controlled Applications Act.” The act was signed by former President Biden on April 24, 2024. The act explicitly designates TikTok and other ByteDance subsidiaries such as Capcut as “foreign adversary controlled applications.” To continue operating in the United States, TikTok must be sold off from ByteDance, a Chinese company. Since ByteDance and the Chinese government have effectively refused, the act essentially bans TikTok.
The act's measures took place 270 days from when it was signed. Jan 19, 2025 is exactly 270 days after the date when the act was signed. The act not only targets TikTok itself, but also companies like Oracle and Google who provide the services and infrastructure to allow TikTok to run. TikTok first challenged the act in the D.C. Circuit, an appeals court below the Supreme Court. The D.C. Circuit upheld the act and TikTok appealed it to the Supreme Court in December of 2024. On Jan. 17, the Supreme Court released its opinion two days before the ban on Jan. 19.
What is Trump’s executive order about?
President Trump’s executive order, titled “Application of Protecting Americans from Foreign Adversary Controlled Applications Act to TikTok” was signed on Jan. 20. The order prevents the attorney general or the states from enforcing the act for 75 days, which is until April 5. This is why TikTok can continue operating for the moment. However, the legality of this order is uncertain.
This is because the act itself only provides for a one-time 90 day extension if the President certifies to Congress that“a path to executing a qualified divestiture has been identified,” with “ significant progress toward executing such qualified divestiture has been produced.” There must also be in place “the relevant binding legal agreements to enable execution of such qualified divestiture during the period of such extension.”
In other words, progress towards a sale has to be more for this extension to occur. The order was signed one day after the ban, just a few days after TikTok’s own lawyer told the Supreme Court that a sale in the 270 days leading up to the ban was impossible. This makes it very unlikely that progress was made towards a sale. Indeed, the future owner of TikTok is still not clear.
Why isn’t TikTok back on app stores yet?
The act also prevents an entity from providing a “means of a marketplace (including an online mobile application store)” to allow users to access the app. This is targeted at the app stores of iOS and Android. Since the act prescribes a $5,000 penalty for each user who has accessed a prohibited app because of an entity’s violation, Apple and Google are likely hesitant to allow TikTok back on their app stores because of the potential for extremely high fines. Even though Trump has issued an executive order that temporarily prevents enforcement of the act, nothing is limiting a future administration from doing so. The act still exists in its entirety, but enforcement has simply been halted for the moment. So, the status of TikTok is still unclear, especially with regards to the far future.
Will other apps be banned?
Possibly. The act allows the President to designate an app as a “foreign adversary controlled application” if it is controlled by Russia, China, North Korea or Iran and he determines that it poses ”a significant threat to the national security of the United States.” This provides President Trump with a pathway to ban apps such as Rednote, which has recently received an influx of former TikTok users.
Can I get in trouble for simply using TikTok?
Probably not. The act explicitly prevents the federal government from pursuing enforcement “against an individual user of a foreign adversary controlled application.” If the act is enforced, it is likely to be in relation to the violation of a company.
Is TikTok saved?
It’s uncertain at this point. Since the act explicitly names TikTok, it is not fully possible to remove it from scrutiny until sale of TikTok is forced. The act is still valid, having been unanimously upheld by the Supreme Court. Unless the act is amended or otherwise repealed, it is unlikely that the TikTok will be free from legal pressure. Many parties are looking to purchase the app and Trump has said that he is open to the purchase of the app by Elon Musk. However, the Chinese government has indicated its disapproval for the sale of TikTok. At this point, the status of TikTok is very nebulous.
