TikTok Resumes US Service After Trump's Commitment

TikTok Resumes US Service After Trump's Commitment.

TikTok has resumed its services for the 170 million users in the United States following President-elect Donald Trump's announcement that he would issue an executive order to provide the app with a temporary reprieve upon his inauguration on Monday.

On Saturday evening, the Chinese-owned platform ceased operations for American users after a law prohibiting its use on national security grounds came into effect.

Despite having previously supported a ban on the application, Trump indicated on Sunday his intention to postpone the enforcement of the law, allowing additional time for negotiations. Subsequently, TikTok announced that it was in the process of "restoring service."

Shortly thereafter, the app became operational again, displaying a popup message that expressed gratitude to Trump by name. In its statement, the company extended its thanks to the incoming president for "providing the necessary clarity and assurance" and said it would work with Trump "on a long-term solution that keeps TikTok in the United States".

TikTok's CEO, Shou Chew, is anticipated to be present at Trump's inauguration on Monday.

In a post on Truth Social, the social media platform he operates, Trump announced this on Sunday: "I'm asking companies not to let TikTok stay dark! I will issue an executive order on Monday to extend the period of time before the law's prohibitions take effect, so that we can make a deal to protect our national security."

Bytedance, the parent company of TikTok, previously disregarded a law mandating the sale of its US operations to avert a ban. This law was upheld by the Supreme Court on Friday and became effective on Sunday.

The extent of Trump's legal authority to postpone the enforcement of a law that is already in effect remains uncertain. However, it is anticipated that his administration may choose not to implement the ban should he issue an executive order.

This marks a significant shift from his earlier stance. Trump had supported a ban on TikTok but has recently expressed a favorable view of the app, highlighting the billions of views his videos garnered on the platform during his presidential campaign last year.

Meanwhile, the administration of President Joe Biden had indicated that it would refrain from enforcing the law during its final hours in office, allowing the situation to unfold under the incoming Trump administration.

Despite this, TikTok had suspended its services on Saturday evening, only to restore access swiftly on Sunday.

The short-form video platform enjoys immense popularity among its millions of users in the United States and has proven to be an effective tool for American political campaigns aiming to engage younger voters.

According to the law enacted last April, the US version of the app was required to be removed from app stores and web-hosting services unless its Chinese parent company, ByteDance, divested its US operations.

TikTok contended before the Supreme Court that the legislation infringed upon the free speech rights of its users within the nation.

This law received bipartisan support from both Republican and Democratic members of Congress and was unanimously upheld by the Supreme Court justices earlier this week.

The situation highlights a division on a significant national security matter between the president-elect and certain members of his own party. His nominee for Secretary of State, Marco Rubio, had openly endorsed the ban.

"TikTok extended the Chinese Communist Party's power and influence into our own nation, right under our noses," he said last April. He appeared to yield to the president-elect when a reporter inquired about his support for Trump's initiatives to reinstate the ban.

"If I'm confirmed as secretary of State, I'll work for the president," he told Punchbowl media last week.

Following Trump's intervention on Sunday morning, Tom Cotton, the Republican senator from Arkansas and Chair of the Senate Intelligence Committee, distanced himself from Trump by asserting that any company assisting TikTok in remaining operational would be violating the law.

"Any company that hosts, distributes, services, or otherwise facilitates communist-controlled TikTok could face hundreds of billions of dollars of ruinous liability under the law, not just from DOJ, but also under securities law, shareholder lawsuits, and state AGs," he wrote on social media.

An executive order that contravenes existing law may be challenged in a court of law.

Numerous states have initiated legal action against the platform, which raises the potential for TikTok to be prohibited by local authorities, despite its national availability.

While the platform resumed operations on Sunday for current users, the extent to which third-party entities—such as hosting platforms or app stores like Google and Apple—might continue to support TikTok in the United States remains uncertain, according to Carl Tobias, a law professor at the University of Richmond. The app had previously been withdrawn from these stores in anticipation of the impending ban.

"It is murky," he told the BBC.

In a recent post on Truth Social, Trump pledged to protect companies from legal liability, thereby potentially allowing TikTok to become accessible once more on both Apple and Google platforms.

"The order will also confirm that there will be no liability for any company that helped keep TikTok from going dark before my order," the president-elect said on Truth Social Sunday.

During the hearings before the Supreme Court, Solicitor General Elizabeth Prelogar firmly asserted that an executive order is incapable of altering the law retroactively.

"Whatever the new president does, doesn't change that reality for these companies," Justice Sonia Sotomayor said during the hearings.

"That's right," Prelogar said.

Professor Tobias indicated that the legislation contains a clause permitting the president to delay the ban for a maximum of 90 days, provided he can demonstrate that the company is making significant strides in addressing national security concerns. However, he noted that it remains uncertain whether these criteria have been satisfied.

"The best thing Trump could do is work with Congress, and not potentially be in violation of the law or have any questions left hanging," he said.

"I don't know that we're going to know a whole lot more until we see that executive order."

TikTok’s swift restoration of services in the U.S. following President-elect Trump’s intervention highlights the platform’s significance and its potential for resolution. The decision to delay the enforcement of the ban opens the door for constructive negotiations, ensuring the app can continue to serve its 170 million U.S. users.

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This development demonstrates a commitment to national security concerns while maintaining the app's accessibility. As discussions progress, a long-term solution could emerge, balancing security and innovation. TikTok’s ability to quickly adapt to changing circumstances underscores its importance in both the entertainment and political spheres, fostering positive engagement among users.