Trump’s Bold Move: Executive Order Suspends TikTok Ban, But Will It Hold?

President Donald Trump has signed an executive order allowing TikTok to continue operations for an additional 75 days, a decision that comes amidst ongoing national security concerns surrounding the popular social media platform.

Under pressure to divest from ByteDance, TikTok’s Chinese parent company, Trump’s order provides the company a temporary reprieve before a January 19 deadline that would have resulted in a ban. The president expressed a personal affinity for TikTok, stating, “I guess I have a warm spot for TikTok.”

Since joining the platform, Trump has gained nearly 15 million followers and credited TikTok with enhancing his appeal to younger voters. However, access to TikTok was briefly interrupted, as it went offline prior to the Supreme Court’s upheld ban that took effect on Sunday morning. Following Trump’s announcement of a temporary halt to the ban, access was restored for existing users, but the app remains unavailable for new downloads from major platforms like Google and Apple.

The TikTok controversy touches on deeper regulatory, legal, and geopolitical issues, with various stakeholders including business leaders, lawmakers, and influencers closely monitoring developments.

TikTok has revolutionized social media through its engaging short-form video format, but it has faced scrutiny for its ties to China, raising fears of surveillance and manipulation. In 2020, Trump attempted to ban the app but faced legal challenges. Congress later passed a law that allows fines against app stores that continue to host TikTok without ByteDance’s compliance.

Despite these challenges, Trump indicated he would support U.S. service providers maintaining operations during the transitional period. “The order will also confirm that there will be no liability for any company that helped keep TikTok from going dark before my order,” he stated on Truth Social.

The law—effective since Sunday—grants a 90-day extension under specific circumstances, but experts like Sarah Kreps from Cornell University caution that retroactive application of this provision is unclear. Kreps affirmed, “Executive orders cannot override existing laws,” emphasizing potential legal complexities ahead.

There is speculation surrounding the implications of a potential sale of TikTok. With ByteDance historically resistant to divestiture, recent comments from Chinese officials suggest a shift in perspective regarding ownership. This could pave the way for negotiations that align with U.S. regulatory expectations.

On the ground, the enforcement of the potential ban remains uncertain. Trump may direct the Department of Justice to ignore the statute, risking legal scrutiny. Some lawmakers have highlighted the danger posed by ByteDance’s ownership, signaling strong bipartisan intent to uphold the law.

Senator Tom Cotton indicated that agencies may seek legal action to enforce the ban, raising significant liabilities for companies involved with TikTok. Experts note that while civil penalties are common, the financial implications for companies like Oracle—which has a stake in a critical Pentagon contract—could complicate compliance efforts.

The situation remains fluid, with cloud providers like Oracle and Akamai Technologies keeping TikTok operational while tech giants Apple and Google halt new downloads. Their responses to the legal landscape could shape the future of TikTok and its operations in the U.S.

Ho reported from Seattle; contributions were made from Maya Sweedler and Didi Tang in Washington.