Extending the TikTok Enforcement Delay
This Presidential Action extends the enforcement delay of the Protecting Americans from Foreign Adversary Controlled Applications Act, specifically targeting TikTok, until June 19, 2025.
The Department of Justice is instructed to take no enforcement action during this period and to issue guidance clarifying that no violations occurred during the delay.
The order emphasizes the Attorney General's exclusive authority to enforce the Act, preventing state or private actions.
Furthermore, it clarifies that the order does not create any new legal rights.
Arguments For
National Security Concerns: The delay allows continued investigation and assessment of national security risks posed by TikTok, preventing potentially hasty or ill-informed actions.
Negotiation & Mitigation: The extension provides time for negotiations with TikTok and other stakeholders to address concerns and potentially mitigate national security risks through alternative means to a complete ban.
Legal Precedent & Clarity: The Executive Order seeks to clarify the authority of the federal government to act in this realm, preventing potential legal challenges and jurisdictional conflicts.
Data Collection & Analysis: Additional time allows for more comprehensive data collection to support evidence-based policy decisions, including the creation of more robust security protections.
Avoidance of Disruptive Actions: Delaying enforcement minimizes immediate disruption to TikTok users and businesses, allowing for a more orderly process before any mandatory restrictions are enforced.
Arguments Against
National Security Risks: The continued operation of TikTok, despite concerns, presents ongoing risks to user data and potentially to national security.
Enforcement Challenges: The extension introduces uncertainty on the ultimate outcome and may complicate eventual enforcement of the Act.
Lack of Transparency: The process may lack transparency, especially about criteria used to assess the progress of securing the national interest amidst possible ongoing risks.
Jurisdictional Overlap: Conflict may still arise with other states or private parties attempting their own enforcement mechanisms, even if the Federal government has explicit authority.
Economic Impacts: Prolonged uncertainty causes disruptions in digital business models and advertising, affecting the broader economy.
By the authority vested in me as President by the Constitution and the laws of the United States of America, it is hereby ordered:
Section 1. Extension. (a) The enforcement delay specified in section 2(a) of Executive Order 14166 of January 20, 2025 (Application of Protecting Americans from Foreign Adversary Controlled Applications Act to TikTok), is further extended until June 19, 2025. During this period, the Department of Justice shall take no action to enforce the Protecting Americans from Foreign Adversary Controlled Applications Act (the “Act”) (Public Law 118-50, Div. H) or impose any penalties against any entity for any noncompliance with the Act, including for distributing, maintaining, or updating (or enabling the distribution, maintenance, or updating) of any foreign adversary controlled application as defined in the Act. In light of this direction, even after the expiration of the above-specified period, the Department of Justice shall not take any action to enforce the Act or impose any penalties against any entity for any conduct that occurred during the above-specified period or any period prior to the issuance of this order, including the period of time from January 19, 2025, to the date of this order.
(b) The Attorney General shall take all appropriate action to issue written guidance to implement the provisions of subsection (a) of this section.
(c) The Attorney General shall further issue a letter to each provider stating that there has been no violation of the statute and that there is no liability for any conduct that occurred during the above-specified period, as well as for any conduct from the effective date of the Act until the date of this order.
(d) Because of the national security interests at stake and because section 2(d) of the Act vests authority for investigations and enforcement of the Act only in the Attorney General, attempted enforcement by the States or private parties represents an encroachment on the powers of the Executive. The Attorney General shall exercise all available authority to preserve and defend the Executive’s exclusive authority to enforce the Act.
Sec. 2. General Provisions. (a) Nothing in this order shall be construed to impair or otherwise affect:
(i) the authority granted by law to an executive department or agency, or the head thereof; or
(ii) the functions of the Director of the Office of Management and Budget relating to budgetary, administrative, or legislative proposals.
(b) This order shall be implemented consistent with applicable law and subject to the availability of appropriations.
(c) This order is not intended to, and does not, create any right or benefit, substantive or procedural, enforceable at law or in equity by any party against the United States, its departments, agencies, or entities, its officers, employees, or agents, or any other person.
Section 1 extends the enforcement delay of the Protecting Americans from Foreign Adversary Controlled Applications Act (regarding TikTok) until June 19, 2025.
The Department of Justice is barred from enforcing the Act or imposing penalties for actions during this period.
The Attorney General must issue guidance and letters confirming this.
Subsection (d) asserts the Attorney General's exclusive authority to enforce the Act, preventing state or private interference.
Section 2 contains general provisions.
It states that the order does not affect existing agency authority or the Office of Management and Budget's functions.
It also clarifies that this order does not create any new legal rights or benefits.