TikTok Act Enforcement Pause

Title of Executive Order: APPLICATION OF PROTECTING AMERICANS FROM FOREIGN ADVERSARY CONTROLLED APPLICATIONS ACT TO TIKTOK
Date Signed: January 20, 2025
Signed by: President Donald Trump

Executive Summary

The executive order addresses the enforcement timeline of the Protecting Americans from Foreign Adversary Controlled Applications Act (the “Act”), specifically targeting TikTok and other ByteDance Ltd. applications due to national security concerns. The President has instructed the Attorney General to delay enforcement for 75 days to assess national security risks and explore resolutions to avoid an abrupt shutdown of TikTok.

Key Provisions

• Section 1: Policy
  The Act regulates "foreign adversary controlled applications," including TikTok, prohibiting their distribution, maintenance, or updates within the U.S. as of January 19, 2025. The President highlights the need for time to review national security implications, sensitive intelligence, and mitigation measures while negotiating a resolution to avoid an abrupt TikTok shutdown (Section 1).

• Section 2(a): Enforcement Delay
  The Attorney General is ordered to refrain from enforcing the Act for 75 days, allowing the administration to assess and plan an appropriate response. During this period, the Department of Justice (DOJ) is prohibited from imposing penalties for noncompliance with the Act (Section 2(a)).

• Section 2(b): Guidance Implementation
  The Attorney General is directed to issue guidance to ensure compliance with Section 2(a) (Section 2(b)).

• Section 2(c): Liability Protection
  The Attorney General must provide letters affirming no liability for any conduct during the enforcement delay period or prior to this order’s signing (Section 2(c)).

• Section 2(d): Enforcement Exclusivity
  The Attorney General is tasked with protecting the executive authority's exclusive right to enforce the Act, preventing states or private parties from acting independently (Section 2(d)).