Further Extending the TikTok Enforcement Delay
This executive order (EO 14350) further delays enforcement of the Protecting Americans from Foreign Adversary Controlled Applications Act (the Act) with respect to TikTok and other apps that the Act would cover. It directs the Department of Justice (DOJ) not to enforce the Act or impose penalties for noncompliance through December 16, 2025, and it bars DOJ from pursuing enforcement or penalties for conduct that occurred before or during the delay period (including back to January 19, 2025). The Attorney General must issue guidance implementing the delay and send letters to affected providers saying there is no violation or liability for covered past conduct. In plain language: the President’s order pauses federal enforcement of the new statute as it applies to TikTok and similar apps, provides the companies formal assurances of no past liability for covered conduct, and directs the Attorney General to prevent states or private parties from stepping in to enforce the law (on the theory that enforcement authority is reserved to the federal executive). The order is an executive action directing DOJ behavior; it does not change the statute itself, create private legal rights, or alter other agencies’ authorities, and it is subject to applicable law and available funding.
Key Points
- 1Extension of enforcement delay: The EO extends the existing DOJ enforcement pause of the Act until December 16, 2025, continuing prior delays set by earlier executive orders.
- 2No enforcement or penalties for covered periods: DOJ is ordered not to enforce the Act or impose penalties for any noncompliance that occurs during the extension period, and it will not pursue enforcement or penalties for conduct that occurred prior to or during the extension (including from January 19, 2025, through the date of the order).
- 3Attorney General duties: The Attorney General must (1) issue written guidance implementing the non-enforcement direction and (2) send letters to each covered provider stating there has been no violation and no liability for the specified periods.
- 4Exclusivity of federal enforcement: The order asserts that the Act vests enforcement authority solely in the Attorney General; it directs the Attorney General to use all available authority to block or resist attempts by states or private parties to enforce the Act, characterizing such attempts as encroachments on Executive power.
- 5Limits and administrative provisions: The EO clarifies it does not alter other executive or OMB authorities, must be implemented consistent with law and appropriations, does not create enforceable private rights, and assigns DOJ the cost of publishing the order.