Further Extending the TikTok Enforcement Delay
President Trump issued an executive order further extending the enforcement deadline of the Protecting Americans from Foreign Adversary Controlled Applications Act, specifically targeting TikTok, until December 16, 2025.
The order directs the Department of Justice to refrain from enforcing the Act during this period and to issue guidance clarifying that no penalties will be pursued for past conduct.
It also asserts the federal government's exclusive authority for enforcement, preventing actions by states or private parties at this time.
Arguments For
National Security Concerns: The order cites national security interests as the reason for the delay, arguing that further investigation and consideration are necessary before enforcing the Act against TikTok. The potential risks associated with a foreign-owned app in the hands of American users are being assessed.
Preventing premature enforcement: The extension allows for a more measured approach, preventing potentially disruptive and legally problematic actions before all aspects of the issue are thoroughly analyzed and appropriate policies are determined. This benefits users and prevents immediate harms.
Legal and Jurisdictional Clarity: It seeks to maintain clear jurisdictional authority and prevent premature or conflicting actions by state and private entities, ensuring the federal government retains its power and control over national security matters. The Attorney General's oversight is seen as protecting the Executive branch's power to enforce.
Time for more considered policies: The extension provides additional time for the development and implementation of comprehensive policies that address national security concerns, while minimizing potential disruptions to users and the app's existence.
Due Process and Fairness: It is intended to prevent the imposition of penalties before entities have a fair opportunity to adapt to the provisions of the Act, thereby assuring fair treatment and legal due diligence.
Arguments Against
Concerns about lack of transparency: Critics might point to a lack of transparency about the specific national security concerns driving the repeated delays. There's also concern about the impact on competitiveness.
Potential for further delays: The indefinite nature of future delays could create uncertainty and hinder the ability of businesses to plan for long-term compliance. This can affect businesses and investment in general.
Undermining of the Act: Repeated extensions could weaken the legislative intent of the Protecting Americans from Foreign Adversary Controlled Applications Act, suggesting the law itself may be insufficient or misaligned with stated policy objectives.
Impact on competition: Extended delays may give TikTok a competitive advantage over domestic app providers, potentially hindering development in the tech industry. This may be argued to be unfair to competitors.
National Security concerns remain unaddressed: While the delay allows for further investigation, the underlying national security issues remain unaddressed. The concerns might remain unresolved, and the delay does not solve the issue.
By the authority vested in me as President by the Constitution and the laws of the United States of America, it is hereby ordered:
Section 1. Extension. (a) The enforcement delay specified in section 2(a) of Executive Order 14166 of January 20, 2025 (Application of Protecting Americans from Foreign Adversary Controlled Applications Act to TikTok), as extended by Executive Order 14258 of April 4, 2025 (Extending the TikTok Enforcement Delay), and Executive Order 14310 of June 19, 2025 (Further Extending the TikTok Enforcement Delay), is further extended until December 16, 2025. During this period, the Department of Justice shall take no action to enforce the Protecting Americans from Foreign Adversary Controlled Applications Act (the “Act”) (Public Law 118-50, Div. H) or impose any penalties against any entity for any noncompliance with the Act, including for distributing, maintaining, or updating (or enabling the distribution, maintenance, or updating of) any foreign adversary controlled application as defined in the Act. In light of this direction, even after the expiration of the above-specified period, the Department of Justice shall not take any action to enforce the Act or impose any penalties against any entity for any conduct that occurred during the above-specified period or any period prior to the issuance of this order, including the period of time from January 19, 2025, until the date of this order.
(b) The Attorney General shall take all appropriate action to issue written guidance to implement the provisions of subsection (a) of this section.
(c) The Attorney General shall further issue a letter to each provider stating that there has been no violation of the statute and that there is no liability for any conduct that occurred during the above-specified period, as well as for any conduct from the effective date of the Act until the date of this order.
(d) Because of the national security interests at stake and because section 2(d) of the Act vests authority for investigations and enforcement of the Act only in the Attorney General, attempted enforcement by the States or private parties represents an encroachment on the powers of the Executive. The Attorney General shall exercise all available authority to preserve and defend the Executive’s exclusive authority to enforce the Act.
Section 1 extends the enforcement delay of the Protecting Americans from Foreign Adversary Controlled Applications Act (regarding TikTok) until December 16, 2025.
The Department of Justice is barred from enforcing the Act or imposing penalties during this time, including for past behavior.
Subsection (b) requires the Attorney General to provide written guidance on implementing this delay.
Subsection (c) mandates that the Attorney General inform providers that no violations occurred during this period.
Subsection (d) asserts the federal government's exclusive authority to enforce the Act, preventing state or private party actions.
Sec. 2. General Provisions. (a) Nothing in this order shall be construed to impair or otherwise affect:
(i) the authority granted by law to an executive department or agency, or the head thereof; or
(ii) the functions of the Director of the Office of Management and Budget relating to budgetary, administrative, or legislative proposals.
(b) This order shall be implemented consistent with applicable law and subject to the availability of appropriations.
(c) This order is not intended to, and does not, create any right or benefit, substantive or procedural, enforceable at law or in equity by any party against the United States, its departments, agencies, or entities, its officers, employees, or agents, or any other person.
(d) The costs for publication of this order shall be borne by the Department of Justice.
Section 2 contains general provisions.
Subsection (a) clarifies that the order does not impact the authority of executive departments, agencies, or the Director of the Office of Management and Budget.
Subsection (b) states the order's implementation must comply with relevant laws and funding availability.
Subsection (c) specifies that the order does not create any legally enforceable rights.
Subsection (d) assigns publication costs to the Department of Justice.
DONALD J. TRUMP
THE WHITE HOUSE,
September 16, 2025.
This section provides the signature of President Donald J. Trump and the date and location of the order's signing.