The rollercoaster ride that is TikTok’s fate in the United States has taken yet another unexpected turn. Despite an executive order from President Donald Trump aiming to revive the popular short-form video app stateside, tech giants Apple and Google are erring on the side of caution, refusing to reinstate TikTok on their respective app stores.
Trump’s Executive Order Fails to Sway Apple and Google
In a move intended to reassure companies working with TikTok, Trump signed an executive order within hours of returning to the White House, suspending for 75 days the enforcement of legislation that demanded ByteDance, TikTok’s Beijing-based parent company, sell the app’s US operations or face a de facto ban. The order also instructed the Attorney General to issue a letter absolving these entities of any liability for maintaining the app on American users’ devices.
However, this attempt at assuaging concerns appears to have fallen short, as evidenced by the continued absence of TikTok from both the Apple App Store and Google Play Store. The tech behemoths’ reluctance to budge on the matter underscores the prevailing unease surrounding the app’s legal standing in the US.
Potential Suitors Waiting in the Wings
As uncertainty looms over TikTok’s future, several high-profile figures have expressed interest in acquiring the app’s global operations. Oracle founder Larry Ellison, with a net worth of $209 billion, has been touted by Trump as a potential buyer. The president even went so far as to suggest that Ellison buying TikTok would be a “good deal” during a recent press conference.
Meanwhile, YouTube sensation MrBeast, whose real name is Jimmy Donaldson, has also thrown his hat into the ring. The Chinese government, which previously stated that any deal would require its approval, has signaled a more open stance, with its foreign ministry declaring that companies should “decide independently” about their operations and deals.
Legal Quagmire Leaves Third Parties Vulnerable
Legal experts argue that Apple and Google’s cautious approach is well-founded. Professor Saurabh Vishnubhakat of the Cardozo School of Law notes that while courts might tolerate a temporary suspension of enforcement, they are less likely to accept a wholesale repudiation of the law. Moreover, the wording of Trump’s order, which only refers to the Department of Justice and Attorney General, could expose third parties working with TikTok to legal action from non-state entities.
Although the Attorney General is free to declare what they think the law is – or what the president thinks the law is – it is ultimately for the courts to decide whether the law has actually been violated.
Professor Saurabh Vishnubhakat, Cardozo School of Law
An App in Limbo: The Consequences of Inaction
As TikTok remains in a state of limbo, the consequences for its US user base are becoming increasingly apparent. With the app no longer available on official app stores, those who previously deleted TikTok are unable to reinstall it, and the company is barred from pushing updates to existing installations. This has led to the emergence of a secondary market for used phones with TikTok pre-installed, as reported by the New York Times.
More concerning, however, is the potential for the app to malfunction or cease functioning entirely as operating systems evolve. As Professor Steven Murdoch of University College London explains, “Apps need to be updated as the operating system changes. If that can no longer happen, the app could malfunction or no longer work at all.” Furthermore, TikTok’s inability to address emerging security issues during this impasse raises additional red flags.
The Path Forward: Seeking Certainty in Uncertain Times
As the saga continues to unfold, it is clear that Apple and Google are holding out for a resolution that eliminates the legal ambiguity surrounding TikTok’s operations in the United States. Until a transaction is reached that satisfies all parties involved and puts to rest any lingering doubts about the app’s compliance with US law, it seems unlikely that TikTok will be making a triumphant return to American app stores anytime soon.
For now, TikTok’s fate hangs in the balance, its future as uncertain as the ever-shifting landscape of geopolitics and technology. As millions of US users eagerly await the next chapter in this ongoing drama, one thing remains clear: the battle for TikTok is far from over, and its ultimate outcome will have far-reaching implications for the future of social media and international relations alike.