The White House has issued an executive order regarding the application of the Protecting Americans from Foreign Adversary Controlled Applications Act to TikTok. The Act, cited as Pub. L. 118-50, div. H, targets applications controlled by foreign adversaries, including TikTok and its parent company ByteDance Ltd., on national security grounds.
Section 2(a) of the Act prohibits entities from distributing or updating these applications within the United States through online stores or internet hosting services. This section became effective on January 19, 2025.
The President emphasized his constitutional responsibility for national security and foreign policy. He said his intention to consult with advisors on the national security concerns posed by TikTok and to pursue a resolution that protects national security while maintaining a platform used by 170 million Americans.
Due to the timing of section 2(a), which took effect one day before he assumed office, the President instructed the Attorney General not to enforce the Act for 75 days. This period allows for an assessment of national security implications and potential resolutions to avoid an abrupt shutdown of TikTok.
During this period, no action will be taken against any entity for noncompliance with the Act. The Attorney General is directed to issue guidance confirming no violations occurred during this time frame.
The executive order clarifies that it does not impair existing legal authorities or create enforceable rights against the United States.
