After President-elect Donald Trump vowed to sign an executive order allowing the app to continue operating until he takes office on Monday, TikTok has lifted its suspension of services for 170 million users in the United States.
The Chinese-owned social media platform stopped working for American users on Saturday evening due to a national-security-based ban.
Although he had previously endorsed the ban, Trump said on Sunday that he would delay implementation of the law in order to give more time for discussions. TikTok stated it was “restoring service.”
The app was back up and running shortly thereafter, and a popup message displayed: “Thank you, President Trump, for your intervention.” TikTok expressed thanks to the incoming president for offering “necessary clarity and assurance,” pledging to work with him on a “long-term solution” concerning the app’s operations in the United States.
TikTok CEO Shou Chew is set to attend Trump’s inauguration on Monday.
Trump, speaking on the social media platform Truth Social, which he owns, urged businesses not to leave TikTok inactive. He stated, “On Monday, I will sign an executive order that will extend the timeline before the law’s prohibitions take effect, allowing us to make a deal that would protect national security.”
ByteDance, the parent company of TikTok, has ignored a law demanding the sale of its U.S. operations in order to avoid a ban. The Supreme Court upheld the law on Friday, and it went into effect on Sunday.
It’s unclear whether Trump’s legal authority extends to postponing the enforcement of a law that’s already in effect. If an executive order is issued, his administration is expected not to implement the ban.
In a striking turnabout, Trump, who had previously lobbied for a TikTok ban, now says he has a “warm spot” for the app, due to the impressive number of views his campaign videos have received there.
The Biden administration at the time indicated it would do nothing to enforce the law in the final hours of its existence, letting the matter be dealt with by the incoming Trump administration.
TikTok Friday briefly suspended services Saturday and then restored them Sunday.
The short-form video platform, which is enormously popular with the U.S. base, effectively serves as a political campaigning tool for American campaigns seeking appeal among younger users.
According to a law enacted in April last year, TikTok’s U.S. version would have to disappear from app stores and web-hosting services unless ByteDance sold its operations in the U.S.
In a case currently before the Supreme Court, TikTok claimed the law infringed users’ free speech rights in the U.S.
The law, which received bipartisan support, was unanimously upheld by the Supreme Court justices earlier this week.
This situation underscores a division over major national security issues between the president-elect and members of his own party. Previously supporting the ban, Marco Rubio, Trump’s pick for Secretary of State, said, “TikTok has brought the power of the Chinese communist party right into our country.” He subsequently deferred to the president-elect concerning the restoration of the ban.
“If I become Secretary of State, I will for the president,” Rubio said last week in a report to Punchbowl Media.
Senate Intelligence Committee Chair Tom Cotton, a Republican from Arkansas, pushed back against Trump after the former president’s remarks, noting that any company that helps TikTok could be met with a huge legal hammer.
“Businesses that associate with TikTok, which is controlled by the communist party, will face massive liability under the law,” he stated on social media.
An executive order against the law would probably face legal challenges.
TikTok has been sued by various states, so local bans could happen, even if the app is available nationally.
Even though the app is back for users at present, it remains unclear whether third parties—like hosting platforms or app stores such as Apple or Google—would legally be able to support TikTok in the U.S. T. Carl Tobias, a law professor at the University of Richmond, explained.
“It remains uncertain,” Tobias said.
Trump, in a post on Truth Social, promised to shield companies from liability, which could mean TikTok’s return to Apple and Google stores.
“The order would free from fault any company that made TikTok available prior to my order,” Trump said on Truth Social.
During the Supreme Court hearings, Solicitor General Elizabeth Prelogar argued that an executive order cannot retroactively change the law.
“Issues for these companies will remain the same, no matter what the new president decides,” Justice Sonia Sotomayor said during the proceeding.
“Correct,” Prelogar said.
According to Professor Tobias, the law contains a provision that enables the president to suspend the ban for a maximum of 90 days if impressive progress is made in alleviating national security issues. However, he seemed uncertain that such progress has taken place.
“Trump’s best course of action is to work with Congress to prevent legal or unresolved issues,” he suggested.
“We won’t know much more until we see the executive order,” he finished.