This Executive Order pauses enforcement of the Protecting Americans from Foreign Adversary Controlled Applications Act (the "Act") as it applies to TikTok and its parent company ByteDance Ltd. The order acknowledges that the Act, which became effective on January 19, 2025, prohibits entities from distributing, maintaining, or updating applications controlled by foreign adversaries within the United States. The President characterizes the timing of the Act's implementation—one day before the new administration took office—as "unfortunate" because it prevents the administration from properly assessing national security implications and negotiating potential solutions before the prohibitions take effect.
Specifically, the order directs the Attorney General to refrain from enforcing the Act for a period of 75 days from the date of issuance. During this period, the Department of Justice is instructed not to take any enforcement actions or impose penalties against entities for distributing, maintaining, or updating TikTok or other foreign adversary controlled applications as defined by the Act. The order further specifies that even after this 75-day period expires, the Justice Department should not take action against entities for conduct that occurred during the pause period or any time prior to the order's issuance, including the period between January 19, 2025, and the signing of this order.
The order requires the Attorney General to issue written guidance implementing these provisions and to send letters to each provider confirming that no violations of the statute occurred during the specified periods. Additionally, the order asserts that because of the national security interests involved and the Attorney General's exclusive authority to enforce the Act under Section 2(d), any enforcement attempts by states or private parties would constitute an encroachment on executive power. The Attorney General is directed to use all available authority to preserve the Executive's exclusive enforcement authority. The order emphasizes the President's "unique constitutional responsibility" for national security and foreign policy, and expresses an intention to pursue a resolution that addresses security concerns while preserving a platform used by 170 million Americans.