The Supreme Court's ruling on the TikTok Act and the Trump administration's proposed executive order have plunged the future of the popular social media platform into uncertainty. Legal experts argue that the president's actions could face significant challenges, potentially exposing companies facilitating TikTok's operation to massive financial penalties and legal repercussions.
Congress has determined that TikTok poses a significant threat to U.S. national security , enabling the Chinese government to access vast amounts of data from its 170 million American users. On Friday, the Supreme Court ruled that the 2024 Protecting Americans from Foreign Adversary Controlled Applications Act, which mandates the sale or closure of TikTok, does not infringe upon the First Amendment .
However, amidst reports that the Trump administration intends to issue an executive order this week suspending the law for 90 days, legal complexities arise.Trump aides reportedly claim the president needs time to negotiate a deal that would allow the social media platform to remain operational. However, such an order could potentially violate the 2024 Act, which granted TikTok 270 days to secure a buyer or face shutdown – a deadline that expired on January 19, 2025. This creates a predicament for Trump, as he assumes office on January 20, 2025, the day after the sale-or-divest requirement takes effect, leaving no room for extension. Furthermore, even if an extension were granted, the administration's order would likely fail to meet the Act's requirements, which necessitate certifications regarding a clear path for TikTok's divestiture, evidence of substantial progress toward a sale, and legally binding agreements to execute the sale. None of these conditions have been fulfilled.TikTok's steadfast refusal to engage in purchase offers further exacerbates the situation, strongly suggesting that the Chinese government views TikTok as an intelligence-gathering tool rather than a mere commercial enterprise. The administration lacks legal authority to suspend the sale or closure of TikTok beyond what the Act permits. Only Congress, not the executive branch, possesses the authority to regulate commerce with foreign nations. Without this power, an executive order could face substantial legal challenges. The 2024 Act's scope extends beyond TikTok, imposing penalties on any companies that distribute, maintain, or update the app, or provide internet hosting services. This seemingly encompasses not only platforms like the Apple App Store and Google Play but also cloud service providers such as Microsoft, Oracle, Amazon, and Google, potentially even reaching internet service providers like Comcast and Spectrum. The penalty for violating the law amounts to up to $5,000 per TikTok user, resulting in a potential liability exceeding $1 trillion.
Tiktok National Security First Amendment Executive Order Congress Supreme Court Legal Challenges Data Privacy Tech Regulation
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