Further Extending the TikTok Enforcement Delay
President Trump issued an executive order further extending the enforcement delay of the Protecting Americans from Foreign Adversary Controlled Applications Act, specifically concerning TikTok, until September 17, 2025.
The order directs the Department of Justice to refrain from enforcing the Act against any entity for noncompliance during this period and to issue guidance clarifying this position.
The order emphasizes the Executive branch's exclusive authority to enforce the Act, preempting state or private actions.
The extension aims to balance national security concerns with the need for considered action.
Arguments For
National Security: The extension allows continued investigation and negotiation to mitigate potential national security risks associated with TikTok's data handling practices.
Due Process: The delay ensures fairness and avoids hasty actions that could impinge upon due process and potentially harm individuals or companies.
Negotiation Time: Purchasing additional time for negotiation with TikTok and China, potentially achieving a resolution without outright ban.
Legal Precedent: Maintaining a continuous review process, avoiding legal challenges based on abrupt action against a major technology platform. The delay prevents actions that may later be deemed unlawful.
Economic Impact: A sudden ban could disrupt users, creators, and investors; allowing the economy to adjust gradually.
Arguments Against
National Security Risks: Delaying action may prolong potential risks to national security by allowing foreign access to sensitive data for extended period.
Regulatory Uncertainty: The ongoing uncertainty creates challenges for businesses operating in the relevant sector, affecting decision-making and investment.
Lack of Transparency: Decisions may appear opaque, lacking clear metrics for assessment of progress and necessity of the continuous delay.
Potential for Abuse of Power: The President's frequent use of this type of power could potentially set a concerning precedent of executive overreach on legislative matters.
Opportunity Cost: Time and resources spent on extensions may be better spent elsewhere addressing significant issues within the USA.
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), is further extended until September 17, 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.
This section extends the enforcement delay for the Protecting Americans from Foreign Adversary Controlled Applications Act regarding TikTok until September 17, 2025.
The Department of Justice is prohibited from taking enforcement action during this time.
The Attorney General must provide written guidance on this extension and send letters to affected providers confirming no violation occurred during this period.
The section also asserts that only the Attorney General can enforce this Act, countering any state or private 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.
This section includes general provisions.
It states that the order does not limit the authority of executive departments, agencies, or the OMB Director.
Implementation must follow existing laws and depend on available funding.
The order doesn't create legal rights for any individuals or entities.
The Department of Justice is responsible for the order's publication costs.
DONALD J. TRUMP
THE WHITE HOUSE, June 19, 2025.
This section shows the signature and date of the President signing the order.