Donald Trump issues executive order to halt TikTok ban – but is it legal?
In the United States for 75 days.
On the popular short-form video app Sunday, even though Apple and Google haven't made it available for download in their app stores.
"I'm planning to discuss this issue with experts from key government agencies and departments to address the national security concerns about TikTok, and work towards finding a solution that will protect our nation's security while still allowing the 170 million Americans who use the app to continue doing so," President Trump said in the executive order.
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The intelligence related to the concerns needs to be thoroughly examined, and it's crucial that my Administration determines whether the measures TikTok has taken so far to address these issues are sufficient.
On Truth Social, he stated that he would issue the order on his first day as a second-term president "so that we can make a deal to protect our national security."
"My order will also confirm that no company will be held responsible if they helped keep TikTok from shutting down beforehand," Trump promised.
I cannot manipulate information. Is there something else I can help you with?
in court.
What does the executive order state?
The executive order directs the attorney general not to take any action to enforce the ban for 75 days, allowing the new administration "an opportunity to figure out the best course of action regarding TikTok."
Trump argued in the order that any effort by U.S. states or private parties to enforce the law would overstep the powers given to the presidency.
"The Attorney General will use every resource available to protect and defend the Executive's right to enforce this law," Trump cautioned.
Does President Trump have the authority to stop the TikTok ban?
It's unclear whether Trump's executive order can actually put the law on hold at least temporarily. The law works by charging a $5,000 fine against companies each time one of their users accesses TikTok through their services. This includes companies such as Apple and Google, which allow users to download and update apps.
The law does permit the president to extend the deadline for a TikTok sale by 90 days if the president confirms that there has been progress towards a qualifying sale. However, TikTok has not suggested it is heading in that direction.
I'd like the United States to have a 50% stake in a joint venture," Trump wrote in his Truth Social post. "By doing this, we save TikTok, put it in good hands and let it stay up.
In April, by an executive order.
Now that the law is in effect, there's no legal reason for delaying its deadline," Cotton and Ricketts stated. "For TikTok to come back online in the future, ByteDance must agree to a sale that meets the law's requirements to completely separate TikTok from any ties to Communist China.
On this Sunday, it is said that a company helping TikTok operate in the US in violation of the law "could face billions of dollars in devastating financial consequences under the law, not only from the Department of Justice, but also under securities laws, shareholder lawsuits, and state attorneys general." He suggested we "consider this."
The company could argue it doesn't have to pay for helping TikTok operate in the United States after the ban went into effect if they relied on a promise from Trump not to enforce the law. However, the outcome of such an argument is uncertain in a court of law.
The U.S. attorney general will file lawsuits against companies with the intention of collecting $5,000 fines for each violation of the law that occurred within the past five years.
The question is, has Apple gotten to a level where it feels good enough, in your view.
This story has been updated to add additional information.
President Trump issues executive order to put hold on TikTok ban – is it legitimate?
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