TikTok Law

Date Signed: April 24, 2024
Signed by: President Joseph Biden

Executive Summary

Division H of Public Law 118–50 is titled the Protecting Americans from Foreign Adversary Controlled Applications Act. The legislation seeks to safeguard U.S. national security by addressing risks posed by foreign adversary-controlled software applications, particularly those operating within U.S. borders. It outlines restrictions, enforcement measures, and procedures for mitigating potential threats.

Key Provisions

Section 1. Short Title

• The legislation is officially named the "Protecting Americans from Foreign Adversary Controlled Applications Act." (Reference: Division H, Sec. 1)

Section 2. Prohibition of Foreign Adversary-Controlled Applications

• Prohibited Activities:
• It is unlawful for entities to distribute, maintain, or update foreign adversary-controlled applications in the U.S., including via app stores or hosting services. (Sec. 2(a)(1))
• Applicability dates vary, starting 270 days after enactment or a presidential determination of a significant national security threat. (Sec. 2(a)(2))
• Data Portability Requirement:
• Before enforcement, users must be allowed to request their data (including content and account details) in a machine-readable format. (Sec. 2(b))
• Exemptions:
• Applications undergoing "qualified divestitures" to remove foreign adversary control are exempt. (Sec. 2(c)(1))
• Necessary compliance-related services are also exempt. (Sec. 2(c)(2))
• Enforcement and Penalties:
• Civil penalties: $5,000 per U.S. user for violations related to app distribution; $500 per user for data-related violations. (Sec. 2(d)(1))
• The Attorney General is authorized to investigate violations and pursue enforcement through civil penalties or injunctive relief. (Sec. 2(d)(2))

Section 3. Judicial Review

• Legal challenges to the Act or related actions can only be brought before the U.S. Court of Appeals for the D.C. Circuit.
• Timeframes for challenges: 165 days from enactment for the Act itself, or 90 days from any specific action under the Act. (Sec. 3(a)-(c))

Section 4. Definitions

• Key definitions include:
• Foreign Adversary-Controlled Application: Software operated by entities linked to foreign adversaries or determined to pose significant national security risks. (Sec. 4(g)(3))
• Qualified Divestiture: A process ensuring the application is no longer controlled by foreign adversaries and no operational ties remain. (Sec. 4(g)(6))
• Foreign Adversary: Includes nations identified under existing U.S. codes as adversarial. (Sec. 4(g)(4))
• Covered Company: Entities with more than 1 million active monthly users that allow content sharing and interaction among users. (Sec. 4(g)(2))