Addressing the Threat Posed by TikTok, and Taking Additional Steps To Address the National Emergency With Respect to the Information and Communications Technology and Services Supply Chain
This document is an executive order issued by President Donald J. Trump that uses emergency and national-security authorities to address perceived risks from the information and communications technology and services supply chain, focusing especially on TikTok. The order asserts that TikTok, owned by ByteDance Ltd. in China, collects extensive user data and could allow the Chinese Communist Party to access Americans’ personal information or to influence or censor content. It notes that U.S. and allied governments have already restricted TikTok on government devices and cites broader concerns about Chinese technology firms. The order directs the Secretary of Commerce to identify and prohibit certain transactions with ByteDance-related entities within 45 days, and it authorizes action—within the bounds of the law—to implement the prohibition and other related measures. It also establishes general definitions, prohibits evasion, and clarifies that the order does not create new rights. In short, the order is a toolbox for restricting U.S.-based transactions with ByteDance/TikTok as a means to address national-security concerns about data collection, potential censorship, and disinformation, using powers granted under IEEPA and other statutes. It directs federal agencies to act to implement the restrictions and to enforce them, while preserving existing legal authorities and budget processes.
Key Points
- 1Prohibition timeline and scope: Starting 45 days after the date of the order, it bans “any transaction” by a U.S. person or within the U.S. with ByteDance Ltd. or its subsidiaries, to the extent identified by the Secretary of Commerce.
- 2Identification of restricted transactions: The Secretary of Commerce must identify which ByteDance transactions are subject to the prohibition within 45 days of the order.
- 3Anti-evasion and conspiracy: The order prohibits attempts to evade the ban and makes conspiracies to violate the ban unlawful.
- 4Authority and implementation: The Secretary of Commerce is empowered to adopt rules and use IEEPA powers to implement the order; other federal agencies must assist in implementing the measures.
- 5Definitions and limitations: The order provides definitions for “person,” “entity,” and “United States person” and states that nothing in the order creates new enforceable rights.