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From NPR: The law does allow one exception: TikTok can continue to operate if Trump certifies to Congress that "significant progress" has been made toward TikT

From NPR: The law does allow one exception: TikTok can continue to operate if Trump certifies to Congress that "significant progress" has been made toward TikTok breaking away from ByteDance's ownership. The law requires that Trump show Congress there are legally binding agreements in motion over ownership changes at TikTok.

hoten 2y ago
Isn't that clearly not the case here? How has TikTok shown any movement towards selling.
doctorpangloss 2y ago
What is their hangup with selling 50%, really? They’ll be rich!
- foogazi 2y ago
  They don’t want to give it up - CCP doesn’t need the money
  - dns_snek 2y ago
    Or they don't want US social media companies to buy TikTok US and use their IP to outcompete them across the world? On that note, many US-based TikTok users have reported that the app and the algorithm are substantially worse since the ban was lifted, with speculation that TikTok might sell a watered down version of the TikTok experience to an American buyer.
jsiegz 2y ago
That only applies if it happened before January 19th. That's why his 75 day EO just says they won't go after companies who violate the law, rather than say he's using the 90 day extension provided in the law (because it's too late to use that). Some of the media isn't picking up on this nuance, but it's clear that's why it's a 75 day lack of enforcement, not a 90 day extension.
- llamaimperative 2y ago
  Which obviously doesn’t prevent them from accruing massive fines for the next administration to enforce.
  - jsiegz 2y ago
    Yes, and if you read the EO, Section 3(c) states: "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." In practical terms, this means: 1. Private parties (like TikTok or its users) cannot sue to enforce this EO 2. If the government doesn't follow the EO, you can't take them to court over it 3. Companies can't use this EO as a legal defense if they're sued For example, if app stores keep hosting TikTok and get sued, they can't point to this EO as legal protection This is important because while the EO tells app stores and other companies they won't be prosecuted, this disclaimer means they can't legally rely on that promise. If the EO is later found invalid or a new administration changes course, they could still face liability for actions taken during this period. This creates a risky situation for companies trying to decide whether to comply with the law or follow the EO's guidance. A $5,000 fine per user of a 170M user platform means financial ruin for even Google and Apple if enforced. Larry Ellison (Oracle) might be willing to take that risk, and as a controlling founder he can do so without risk of being fired, but I don't think Tim Cook or Sundar Pichai are going to stick out their neck on this one.
    - ivewonyoung 2y ago
      > For example, if app stores keep hosting TikTok and get sued, they can't point to this EO as legal protection Sued by who? Private parties can't sue other private parties over lack of enforcement, for example you cannot sue your neighbor for violating the federal ban on using pot. Only the govt can prosecute or sue over certain laws. And judges would be certainly sympathetic because of this EO.
      - 2y ago
nickthegreek 2y ago
That is 1 of 3 certifications that had to happen in the past.

hoten 2y ago

Isn't that clearly not the case here? How has TikTok shown any movement towards selling.

doctorpangloss 2y ago

What is their hangup with selling 50%, really? They’ll be rich!

foogazi 2y ago
They don’t want to give it up - CCP doesn’t need the money
- dns_snek 2y ago
  Or they don't want US social media companies to buy TikTok US and use their IP to outcompete them across the world? On that note, many US-based TikTok users have reported that the app and the algorithm are substantially worse since the ban was lifted, with speculation that TikTok might sell a watered down version of the TikTok experience to an American buyer.

jsiegz 2y ago

That only applies if it happened before January 19th. That's why his 75 day EO just says they won't go after companies who violate the law, rather than say he's using the 90 day extension provided in the law (because it's too late to use that). Some of the media isn't picking up on this nuance, but it's clear that's why it's a 75 day lack of enforcement, not a 90 day extension.

llamaimperative 2y ago
Which obviously doesn’t prevent them from accruing massive fines for the next administration to enforce.
- jsiegz 2y ago
  Yes, and if you read the EO, Section 3(c) states: "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." In practical terms, this means: 1. Private parties (like TikTok or its users) cannot sue to enforce this EO 2. If the government doesn't follow the EO, you can't take them to court over it 3. Companies can't use this EO as a legal defense if they're sued For example, if app stores keep hosting TikTok and get sued, they can't point to this EO as legal protection This is important because while the EO tells app stores and other companies they won't be prosecuted, this disclaimer means they can't legally rely on that promise. If the EO is later found invalid or a new administration changes course, they could still face liability for actions taken during this period. This creates a risky situation for companies trying to decide whether to comply with the law or follow the EO's guidance. A $5,000 fine per user of a 170M user platform means financial ruin for even Google and Apple if enforced. Larry Ellison (Oracle) might be willing to take that risk, and as a controlling founder he can do so without risk of being fired, but I don't think Tim Cook or Sundar Pichai are going to stick out their neck on this one.
  - ivewonyoung 2y ago
    > For example, if app stores keep hosting TikTok and get sued, they can't point to this EO as legal protection Sued by who? Private parties can't sue other private parties over lack of enforcement, for example you cannot sue your neighbor for violating the federal ban on using pot. Only the govt can prosecute or sue over certain laws. And judges would be certainly sympathetic because of this EO.
    - 2y ago

nickthegreek 2y ago

That is 1 of 3 certifications that had to happen in the past.