Extending the TikTok Enforcement Delay
This executive order extends the enforcement delay of the Protecting Americans from Foreign Adversary Controlled Applications Act (PACA Act) as it applies to TikTok. The extension lasts until June 19, 2025. During the extension, the Department of Justice is instructed not to enforce the Act or impose penalties on any entity for noncompliance with the Act, including actions related to distributing, maintaining, updating, or enabling foreign-adversary-controlled apps. Remarkably, the order also provides that enforcement actions cannot be pursued retroactively for conduct during the extension period or even before the order was issued, including conduct from January 19, 2025 up to the date of the order. The Attorney General is directed to issue guidance and to communicate to providers that there was no violation or liability for conduct during these periods. The order asserts the Executive Branch’s exclusive enforcement authority over the Act and seeks to limit state or private enforcement as encroachment on executive power. It also notes general provisions preserving existing agency authorities and budgetary processes, and states that the order does not create enforceable rights.
Key Points
- 1Extension of enforcement delay: The enforcement delay for the PACA Act as it relates to TikTok is extended through June 19, 2025.
- 2DOJ non-enforcement and retroactive protection: DOJ shall not take action to enforce the Act or levy penalties on any entity for noncompliance during the extension period, or for conduct from January 19, 2025 up to the date of the order.
- 3Guidance and provider communications: The Attorney General must issue written guidance to implement the extension and prepare letters to providers stating there has been no violation and no liability for conduct during the covered periods.
- 4Executive authority and preemption of other enforcement: The order emphasizes the President’s exclusive authority to enforce the Act and directs the Attorney General to counter acts by states or private parties that would encroach on this authority.
- 5General provisions and not creating enforceable rights: The order preserves other executive authorities and budgetary processes and clarifies that it does not create any enforceable rights or benefits.