By David McCabe
On Sunday, TikTok made a comeback in the United States following President-elect Donald Trump’s announcement that he would sign an executive order to postpone a federal ban on the application.
This sudden development occurred mere hours after leading app stores suspended access to the widely-used social media platform, preventing U.S. users from using it as a federal law took effect on Sunday. The company stated on the social platform X that TikTok is “working with our service providers to restore service.”
In a morning post on Truth Social, Trump declared that he would “issue an executive order on Monday to delay the law’s prohibitions taking effect, allowing us to negotiate a deal to safeguard national security.”
The prohibition arises from a 2024 statute mandating that app stores and cloud service providers cease the distribution or hosting of TikTok unless the ownership is transferred from its Chinese parent company, ByteDance. This legislation was enacted due to apprehensions that the Chinese government might utilize the app, which boasts around 170 million U.S. users, to collect intelligence on Americans or disseminate propaganda.
Those app stores and cloud services that fail to adhere to the law could face substantial financial repercussions. Trump noted in his Sunday post that his directive would “ensure there will be no penalties for any company that assisted in preventing TikTok from going offline prior to my order.”
The potential for an executive order — coupled with TikTok’s surprising revival — signifies a new chapter in the ongoing debate regarding the app’s future, which has transformed the social media arena, influenced popular culture, and offered livelihoods to countless influencers and small enterprises dependent on the platform.
By issuing such an order, Trump could raise concerns regarding the rule of law in the U.S. This action would serve as an effort to temporarily undermine a law that was enacted with widespread bipartisan support and which the Supreme Court upheld unanimously the previous week.
“We appreciate President Trump for providing essential clarity and reassurance to our service providers that they will not incur penalties for providing TikTok to over 170 million Americans, thereby helping over 7 million small businesses flourish,” TikTok stated in its announcement of the app’s return.
Content creators rejoiced as TikTok reemerged.
“IT’S BACKKKKK,” James Charles, a beauty influencer, celebrated on Instagram, where he had been in contact with fans since the enactment of the ban.
Experts in policy and lawmakers from both parties issued early cautions that the law remains valid and enforceable. TikTok was still inaccessible for download on the Google and Apple app stores, indicating that some companies continued to enforce the ban.
Legal analysts noted that the consequences of Trump’s actions would depend on the specifics of any order he released, which could lead to substantial inquiries regarding the scope and limitations of presidential authority.
“From a rule of law standpoint, there’s no favorable path here,” remarked Alan Rozenshtein, an associate professor of law at the University of Minnesota.
Google declined to provide comment. Apple did not respond to a request for comment, although it indicated on its website that it is “required to comply with the laws in the jurisdictions where it operates,” and that TikTok would no longer be available for downloads or updates in the United States.
Oracle, which manages TikTok’s servers, did not immediately respond to a request for comment.
It remains uncertain whether Trump’s initiatives — and the negotiations to maintain the app’s presence that took place prior to his inauguration on Monday — will yield long-term success. His executive order may encounter legal opposition, particularly regarding whether he possesses the authority to halt enforcement of federal law. Companies affected by the law might conclude that the language of the order does not sufficiently protect them from repercussions for violations.
The statute permits a president to authorize a 90-day extension if a buyer is identified, but only if there is “significant progress” toward an agreement that grants TikTok to a non-Chinese entity. Additionally, that deal must be achievable within the 90-day timeframe for the president to enact the extension. It is also unclear if that extension option remains available, given that the law is already in force.
In his Sunday post, Trump proposed the thought that he “would like the United States to hold a 50% ownership stake in a joint venture,” though he did not elaborate further.
TikTok has claimed that a sale is unfeasible, pointing to the complexities of its global operations, and China has already indicated it could hinder the export of its crucial video-recognition technology.
Some policy analysts noted that there is insufficient information to draw a conclusion about forthcoming actions. “What Trump has suggested on social media appears lawless,” stated Peter Harrell, a former Biden administration official. “We’ll have to observe what steps he actually takes to execute it.”
Late Saturday, TikTok informed users that the platform was unavailable but expressed, “We are fortunate that President Trump has stated he will collaborate with us to find a solution.”
After the restoration of service, TikTok welcomed users back with a message proclaiming, “Thanks to President Trump’s efforts, TikTok is back in the U.S.!”
TikTok and numerous Democratic lawmakers recently launched a final effort to keep the app operational. Senator Chuck Schumer of New York, the Democratic leader, privately communicated to President Joe Biden that the app going offline during his administration would negatively affect his legacy.
Opponents of TikTok initiated their own campaign to maintain the potential ban’s momentum. Senator Tom Cotton, R-Ark., chair of the Senate’s intelligence committee, contacted major tech firms in recent days to assert the need for complying with the law, according to sources familiar with the calls. He also mentioned in a joint statement earlier Sunday that there was no possibility for any form of extension since the law had already come into effect.
Following TikTok’s announcement about restoring app service, Cotton issued a caution.
Any “company that hosts, distributes, services, or otherwise facilitates communist-controlled TikTok could be liable for devastating penalties under the law,” not only from the federal government but also from state attorneys general, shareholder lawsuits, and under securities regulations, he warned in a post on X.
“Consider that,” he urged.
