Application of Protecting Americans From Foreign Adversary Controlled Applications Act to TikTok
This Executive Order directs that the Protecting Americans from Foreign Adversary Controlled Applications Act (the Act) be applied to TikTok and ByteDance’s apps. It defines these apps as foreign-adversary-controlled and prohibits their distribution, maintenance, or updates in the United States through app stores or hosting services. Crucially, the order pauses enforcement: the Attorney General is told not to enforce the Act for 75 days from the date of the order, and provides that no enforcement actions or penalties can be taken during that pause, including for activities that occurred before the order or during the pause. After the 75 days, the order clarifies that enforcement shall not be retroactive to cover conduct during the pause or prior to the order, and it tasks the Attorney General with issuing guidance to implement the pause and letters to providers stating there was no violation during the pause. The order asserts executive branch primacy over enforcement and states that states or private parties cannot enforce the Act.
Key Points
- 1The Act prohibits distributing, maintaining, or updating foreign adversary controlled applications in the United States through online app stores or hosting services; it specifically includes TikTok and ByteDance as defined “Foreign Adversary Controlled Applications.”
- 2The President’s order suspends enforcement of the Act for 75 days from the date of the order, instructing the Department of Justice not to take enforcement action or impose penalties during that period.
- 3After the 75-day pause, the DOJ may not enforce actions related to conduct that occurred during the pause or prior to the order, indicating a limited, temporary window for decision-making rather than immediate punitive action.
- 4The Attorney General must issue written guidance to implement the pause and issue letters to providers (e.g., app stores, hosting services) stating there has been no violation and no liability for conduct during the pause or from the Act’s effective date until the issuance of the order.
- 5The order emphasizes executive branch exclusive enforcement authority, stating that states or private parties cannot pursue enforcement, and directs the AG to preserve this exclusive authority.