On his first day in office, President Donald Trump issued an executive order instructing the Department of Justice (DOJ) not to enforce a key provision of the Protecting Americans from Foreign Adversary Controlled Applications Act (PAFACAA). The rule mandates TikTok’s parent company, ByteDance, divest its US operations or face a ban.
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The order effectively delays enforcement for 75 days, granting the administration time to reassess the situation. It directs the Attorney General to inform service providers, including Apple and Google, that there are “no violations of the statute” and to ensure companies face no penalties for past compliance lapses. The DOJ is further instructed not to impose penalties for noncompliance during this period.
This move attempts to sidestep PAFACAA, a bipartisan law signed by former President Joe Biden that went into effect on January 19. The law permits a 90-day extension if ByteDance announces a sale to a non-foreign adversary-based entity before the deadline. However, no such sale has been announced, and the executive order doesn’t invoke the extension but instead overrides enforcement outright.
The legality of Trump’s order is already under scrutiny. Legal experts note that companies potentially face up to $850 billion in penalties for violating the law, which was upheld by the Supreme Court. An executive order does not eliminate these liabilities, though it might provide some due process defence.
Service providers remain cautious. Despite Trump’s assurances, Apple and Google have yet to reinstate TikTok on their app stores, and service providers could still face fines for enabling access to the app during the enforcement pause.
Adding to the ambiguity, Trump has proposed the US government take a 50% ownership stake in TikTok through a joint venture with a private entity—a concept that lacks details or precedent.
This move marks a dramatic reversal from Trump’s 2020 executive order banning TikTok. Critics argue the administration’s approach raises questions about governance and enforcement consistency. While Trump’s executive order may temporarily delay TikTok’s ban, it leaves unresolved legal and financial risks for service providers and companies involved with ByteDance.
For now, TikTok remains inaccessible on US app stores, and its long-term status remains uncertain as the administration navigates uncharted legal territory.