Trump’s executive order for TikTok shows his willingness to skirt federal laws and keep app in limbo, legal experts say
CNN
President Donald Trump’s decision to issue an executive order Monday delaying enforcement of the federal ban on TikTok has deepened a murky legal landscape in the US for the popular social media app and its technology partners.
President Donald Trump’s decision to issue an executive order Monday delaying enforcement of the federal ban on TikTok has deepened a murky legal landscape in the US for the popular social media app and its technology partners. While the order from the president effectively allowed the app to remain available to its 170 million users in the country, it did nothing to change the law, which took effect on Sunday and still looms large over the platform and other tech companies it needs to operate in the US, legal experts tell CNN. Instead, the order represented an early use of Trump’s power to choose not to enforce certain federal laws. That authority, legal experts said, is broad, practically immune from judicial review and, for the companies at the center of the TikTok drama, likely too little too late. “The president does not have the power to suspend the law, that’s not a presidential power. And so to the extent that Trump is saying the law is not enforced, no one’s violating it – those are not legally meaningful statements,” said Alan Rozenshtein, a professor at the University of Minnesota Law School who specializes in tech law. “At the same time, companies that are violating the law are still violating the law. So they are still at risk of pretty substantial legal exposure,” Rozenshtein added. “Trump could turn around and change his mind.” The law – approved by Congress with bipartisan support last year and signed by President Joe Biden – requires only that TikTok’s technology partners – including Oracle, which hosts TikTok’s content in the US, and Apple and Google, which host the app in their app stores — stop supporting the app or face fines of up to $5,000 per person who has access to the platform starting Sunday.
The Trump administration has moved with lightning speed to roll out the president’s immigration agenda, effectively closing off the US southern border to asylum seekers, severely limiting who’s eligible to enter the United States and laying the groundwork to swiftly deport migrants already in the country.