So the latest on the TikTok ban in the U.S. is that TikTok is still banned, but President Trump has granted it a stay of execution. Though that extension may not be legal, which could still mean that TikTok’s operation in the U.S. remains in violation of the law.
But people can use it, so…
After the Supreme Court upheld the TikTok sell-off bill late last week (officially titled the “Protecting Americans from Foreign Adversary Controlled Applications Act”), TikTok was forced to shut down on Sunday the 19th, in line with the Senate-approved law.
But the outgoing Biden Administration said that it wouldn’t actually enforce the law, leaving it to incoming President Trump, who would be inaugurated the following day, to enforce it.
That left a day of uncertainty, which is what led to the TikTok blackout over the weekend, because app stores and providers risk a $5k fine, per user, if they violate the law.
Trump assured these providers that they wouldn’t be fined if they violated the act, but Apple and Google have thus far refused to support the app in their stores due to concerns about potential liabilities. Oracle, however, which runs back-end support for TikTok, has accepted Trump’s assurances, which is why TikTok is now up and running again for U.S. users.
But it remains absent from app stores, because the official, approved law, enacted by the Senate, and signed off by President Biden, is now in effect.
As noted, among his first Executive Orders, President Trump granted TikTok a 75-day extension on the original bill timeline, in order to work out an alternative arrangement to keep it running in the U.S., but legal experts have suggested that this is not legally binding, as the law is already in effect. Had Trump enacted this before the January 19th date, that would have been applicable, but because it’s being applied in retrospect, the concern now is that all of the providers are indeed liable for fines, and that TikTok remains banned in the U.S.
So TikTok is available, and it is operational for Americans. But it maybe shouldn’t be, and without any firm plan for securing its future in the region, it remains on very shaky ground at this stage.
Does that mean that Oracle’s going to get fined as a result of the law?
Look, I would assume that Trump will protect Oracle from prosecution, as he’s promised, but I can also understand why Apple and Google are more hesitant. Because if they end up doing something that Trump doesn’t like in future, he’s just as likely to turn a blind eye, and let them be fined, if things go south.
Trump also hasn’t been given the full, confidential security overview of the risks that TikTok poses, which could also change his approach to the app. To reiterate, cumulatively, in the House and the Senate, the vote to ban TikTok was 431 to 83, which means that the vast majority of senators, Republican and Democrat, held grave concerns about the app following these briefings.
We don’t know what was included in those briefings, as its top secret, national security information. But something they were shown promoted a 75% vote in favor of a ban.
Trump too could view things differently once he’s received this briefing.
Though, then again, Trump apparently sees this as a money-making venture, pledging to win the U.S. 50% ownership in TikTok as a result of his negotiations.
We’ll see how that plays out in practice, but as of right now, TikTok is far from in the clear.
How that factors into your planning comes down to how you view these elements.
