Legal experts say despite Trump’s order, service providers and app distributors still face uncertainty and potential financial liability for defying a law that banned TikTok in the U.S. unless ByteDance divested the company by Jan. 19
has created a thicket of new legal questions for the short-video platform, along with new tensions between the White House, members of Congress who want the platform banned, and tech companies caught in the middle.order, service providers and app distributors such as Google and Apple still face major uncertainty and potential massive financial liability for defying a law that banned TikTok in the United States unless Chinese parent ByteDance divested the company by Jan. 19.
Trump also directed the U.S. attorney general to send a letter to service providers such as app store hosts, saying there has been no prior violation of the law, and would be no liability during the review period. “Trump could change his mind at any time or selectively enforce against companies that fall from political favor,” Rozenshtein wrote.The divestment law, which Congress passed with overwhelming bipartisan support amid national security concerns over Chinese influence, was signed by President Joe Biden and upheld by a unanimous U.S. Supreme Court on Jan. 17.
Executive orders cannot overturn laws enacted by Congress, and lawmakers have sued in the past to enforce laws they have passed. Legal experts said that even a hypothetical lawsuit from both houses of Congress could be a long shot, however, since courts might be inclined to see it as political question best left for the legislature, or a national security matter that falls under the White House’s control.
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