The reinstatement of Donald Trump as president in 2025 presents a significant challenge for tech companies, forcing them to choose between following his directives and adhering to existing laws. Trump's recent executive order regarding TikTok's operations in the US raises legal ambiguities and compels companies like Apple, Google, and Oracle to navigate a complex landscape of conflicting interpretations and potential repercussions.
A 2025 conundrum confronts major technology firms: should they obey the president's directives or adhere to the law? This dilemma arises following a tumultuous weekend where TikTok voluntarily suspended operations in the US before restarting within a day, citing purported approval from 'President Trump'. However, several issues mar this argument: Donald Trump was not the US president over the weekend; Joe Biden remained in office.
Furthermore, despite Trump's subsequent executive order on Monday, reinstating his presidency, instructing TikTok and other tech companies to disregard the law prohibiting TikTok's US operation due to its Chinese ownership, the order's legal weight remains ambiguous. Consequently, legal experts and executives at tech companies are grappling with the decision of whether to rely on Trump's assurances or seek additional guarantees.Oracle, controlled by Trump supporter Larry Ellison, appears to be heeding Trump's pronouncements, providing cloud services that sustain TikTok's functionality in the US. Conversely, Apple and Google, former distributors of TikTok through their app stores, exhibit less conviction. TikTok vanished from their platforms on Sunday and has yet to return. This absence prevents TikTok from updating the app for maintenance and repairs, potentially creating future complications.While Trump has directed his attorney general, likely to be Pam Bondi, to issue letters to Apple, Google, and other providers, granting permission to disregard the law, Bondi has yet to assume the role. Even upon receiving such letters, it remains unclear whether they would satisfy Apple and Google. The intricacies of executive orders versus laws, and whether Trump's claim of temporarily overriding a law based on national security concerns would withstand judicial scrutiny, are beyond the scope of this discussion. Suffice it to say, the current situation lacks clarity. Even Trump allies, such as Senator Tom Cotton and Speaker Mike Johnson, have issued statements seemingly conflicting with Trump's pronouncements. The disconcerting reality is that no one can confidently assert that a law, passed overwhelmingly by Congress last year and unanimously upheld by the Supreme Court last week, remains binding. This predicament is not solely attributable to Trump. In his final days in office, Biden also declared he wouldn't enforce the law he had signed the previous year, albeit through anonymous officials speaking to reporters and eventually his press secretary, rather than through an official order. Concurrently, some Democrats who voted for the legislation in the spring, like Senate Minority Leader Chuck Schumer, have spent the past few days advocating for delaying the sell-or-ban law they had approved.Trump, however, amplifies this uncertainty. Through social media posts and a press conference on Monday, he appeared to suggest the US government might eventually own TikTok or that American companies could hold half ownership. He also argued that TikTok's Chinese ownership was inconsequential since the US already utilizes numerous Chinese-made products, like 'telephones'. He even contended that if China were monitoring US users, it may not be a significant concern as TikTok is primarily used by young people, stating, 'If China's going to get information about young kids … I dunno. To be honest, I think we have bigger problems than them.' Witnessing Trump's three-minute White House press conference clip provides a glimpse into his seemingly impromptu approach to this matter. Imagine managing a trillion-dollar company and deciphering this: President Donald Trump shared his views on TikTok as he signed executive orders in the Oval Office on inauguration day. We have encountered this scenario before. During the first Trump administration, America and the world grappled with determining whether Trump genuinely meant his statements or if he could act upon them, and whether he would alter his stance later. A key distinction this time: Tech executives, alongside numerous other US leaders, are actively vying to demonstrate their support for Trump's presidency. However, praising Trump, contributing financially, or being visibly present during his inauguration are distinct from entrusting his word to absolve legal violations if such a situation arises. This represents uncharted territory
DONALD TRUMP TECH COMPANIES EXECUTIVE ORDER TIKTOK LAWS US GOVERNMENT
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