Further Extending the TikTok Enforcement Delay
This Executive Order (EO 14310), issued June 19, 2025, further delays federal enforcement of the Protecting Americans from Foreign Adversary Controlled Applications Act (Public Law 118-50, Div. H) with respect to TikTok and similar apps. It directs the Department of Justice (DOJ) not to take enforcement actions or impose penalties under the Act through September 17, 2025, and it directs the Attorney General to provide written guidance and letters to providers confirming that there was no violation or liability for conduct during the covered periods. The order also directs the Attorney General to defend the Executive Branch’s exclusive authority to enforce the Act against state or private attempts to enforce it. In plain terms: the order pauses federal enforcement of the law targeting apps controlled by certain foreign adversaries (commonly discussed in the context of TikTok) for a set period, provides retroactive protection for conduct occurring before and during that pause, and instructs the Justice Department to state that affected providers bear no liability for that conduct. It does not change the statute itself, is subject to applicable law and appropriations, and does not create private legal rights.
Key Points
- 1Extension of enforcement pause: The enforcement delay established in prior EOs is extended until September 17, 2025. During that time the DOJ will not enforce the Act or impose penalties for noncompliance (including distributing, maintaining, or updating a covered “foreign adversary controlled application”).
- 2Retroactive non-enforcement and immunity language: The DOJ is directed not to take enforcement action or impose penalties for conduct that occurred during the extension period or at any time prior to the issuance of this order — explicitly including the period from January 19, 2025, until the order’s date.
- 3Attorney General actions: The Attorney General must (a) issue written guidance implementing the non-enforcement direction and (b) send a letter to each provider stating there was no violation and no liability for covered conduct during the specified periods.
- 4Defense of federal enforcement authority: The order directs the Attorney General to use available authority to preserve and defend the Executive Branch’s exclusive power to investigate and enforce the Act, treating state or private enforcement attempts as encroachments on federal authority.
- 5Limitations and administration: The order affirms it does not alter other agencies’ legal authorities, must be implemented consistent with law and available appropriations, does not create enforceable private rights, and directs the DOJ to cover publication costs.