Executive Order 14149: Application of Protecting Americans from Foreign Adversary Controlled Applications Act to TikTok

Background: A new law, the Protecting Americans from Foreign Adversary Controlled Applications Act, went into effect on January 19, 2025. This law prohibits companies in the U.S. from supporting apps controlled by foreign adversaries, like TikTok, which is owned by the China-based company ByteDance. It includes bans on hosting, distributing, or updating such apps due to concerns about national security.

The President’s Position: The President acknowledges the national security risks TikTok may pose but also recognizes that the platform is used by 170 million Americans for communication and creativity. The timing of the law, which took effect one day before the President assumed office, has made it difficult to fully assess its implications or explore alternative solutions before enforcing it.

Actions Ordered: To address these challenges, the President has ordered a temporary 75-day pause on enforcing the law. During this time:

• The Attorney General will not take any action to enforce the law or penalize companies involved with TikTok or similar apps.

• The administration will review national security concerns, evaluate TikTok’s existing safety measures, and explore ways to resolve the issue without abruptly banning the platform.

• Guidance will be issued to reassure companies that they won’t face legal consequences for actions taken during the pause.

Takeaway

While national security is a valid concern, this law and the subsequent actions create a precedent for government overreach into the digital landscape. By focusing on a single app, the government risks overstepping its bounds in regulating the free flow of information and innovation online. This sets a troubling precedent that could lead to further restrictions on other platforms and technologies that are perceived to pose risks, undermining First Amendment rights and stifling free expression. Instead of enforcing a law that may harm both the economy and individual rights, the administration should consider alternatives that tackle the core concerns—such as requiring better data privacy practices, implementing stronger oversight of foreign-controlled entities, and establishing clearer security protocols. A complete ban, especially when millions of Americans rely on TikTok for personal and business purposes, might not be the most effective or fair solution.