this post was submitted on 19 Jan 2025
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Real talk, does Trump have the actual authority to save the app?
Not yet but the law gives the president authority to determine whether the company is a national security threat once it meets all the qualifications in the law. So his "90 day extension" is legally him saying "actually they're not a threat" for 90 days and then "actually they are a threat" after that.
So the president has the authority to extend it for 90 days. After that it's done?
President has the authority to declare it ok forever or at any time. Not a great law IMO.
Tiktok went dark voluntarily, I don't think the US even has the infrastructure to enforce the ban. So yes, all he has to do is tell the CEO to turn it back on and tell the app stores not to delist it. As Cheif of the executive branch, enforcement of the laws is your purview.
Sigh. H. R. 7521 stipulates that the POTUS must make the determination using data supplied from several federal agencies etc that an app or service violates the terms laid out in the law. Then a formal investigation will be launched by the AG's office and if that investigation finds that the app or service is in violation of the law that app or service will be added to a list of apps or services not allowed to be disseminated to the public via American based app stores. That app or service does have the right to appeal the decision within a specific time frame and appeals will be handled by the appropriate district court. At that point if they win the appeal they continue to operate. If they lose the appeal they can do what is called a qualified divestiture so that they would no longer be operating in conflict with the law. Or they can do what Tik Tok did and remove access without the law even being enforced.
So, yes, Trump can just not name Tik Tok as in violation of the law, the AG won't investigate it, and nothing will come of it.
https://www.congress.gov/bill/118th-congress/house-bill/7521/text