APPLICATION OF PROTECTING AMERICANS FROM FOREIGN ADVERSARY CONTROLLED APPLICATIONS ACT TO TIKTOK
(summarized)
January 20, 2025
Summary
Summary of the Executive Order on TikTok
Purpose
- The executive order addresses national security concerns related to TikTok, a mobile application owned by China-based ByteDance Ltd., under the Protecting Americans from Foreign Adversary Controlled Applications Act.
Actions Taken
- Delay of Enforcement: The Attorney General is instructed not to enforce the prohibitions of the Act for 75 days from the date of the order (January 20, 2025) to allow for an assessment of TikTok's security implications and potential resolutions.
- No Penalties for Noncompliance: During this 75-day period, no penalties will be imposed on any entity for noncompliance, including actions taken prior to the order.
- Guidance Issuance: The Attorney General must issue written guidance regarding the directives of this executive order to ensure clarity for affected parties.
- Preserve Federal Authority: The Attorney General is tasked with protecting the Executive's exclusive authority to enforce the Act, preventing state or private enforcement actions.
Expected Impact
- The order allows for a measured approach to addressing national security issues while preventing an immediate shutdown of TikTok, which is used by 170 million Americans.
- The administration will conduct a thorough review of intelligence related to TikTok and its operations to determine a balanced response to national security concerns.
General Provisions
- The order clarifies that it does not alter the authority of executive agencies or create enforceable rights against the U.S. government or its representatives.