President Donald Trump has signed an executive order aimed at ensuring TikTok operates under American control, following months of delays. This action is intended to comply with laws that could potentially ban the China-owned app in the US. However, the Trump administration has not provided details regarding the ownership structure for TikTok’s US operations, leading to uncertainty about the legality of the agreement and the process that led to it.
Legal experts, including Alan Rozenshtein from the University of Minnesota Law School, have expressed concerns about the administration’s extension of deadlines associated with TikTok’s potential ban. Rozenshtein raised questions regarding the president’s authority to defer enforcement actions, suggesting that the repeated delays may not align with constitutional mandates requiring that laws be faithfully executed.
Since the initial enforcement of the TikTok ban in January, the deadline for compliance has been extended multiple times, with the latest deadline set for December 16. This situation has placed tech companies such as Google, Apple, and Oracle in a precarious position, as continuing to allow TikTok on their platforms technically contradicts existing laws. Rozenshtein noted that these companies could face legal repercussions from the Department of Justice, even though they received assurances they would not be held liable for any actions regarding TikTok.
Despite the lack of clarity about who will ultimately assume control of TikTok within the US marketplace, reports indicate that companies including Oracle and Silver Lake are expected to manage a significant portion of its operations. The exact parameters of the ownership deal, including who would control aspects of the app such as its algorithms and moderation policies, also remain unclear.
The timeframe for finalizing the executive order is uncertain, but indications suggest that another extension could be on the horizon as the administration works through the necessary paperwork and regulatory approvals. As developments unfold, both the legal standing of the app and the compliance of major companies with existing regulations remain in a state of flux.
Source: https://www.theverge.com/report/786748/tiktok-deal-trump-administration-legal-uncertainty