Three Democratic senators are calling on President Donald Trump to collaborate with Congress to prevent TikTok from being banned in the US after April 5. They argue that Trumpโs current approach could leave the appโs service providers facing massive legal risks of hundreds of billions of dollars.
Senators Ed Markey (D-MA), Chris Van Hollen (D-MD), and Cory Booker (D-NJ) have voiced their opposition to the TikTok ban. The law, passed with overwhelming support in Congress last year, requires TikTokโs Chinese parent company, ByteDance, to sell the platform by January 19 or face a forced shutdown. In a letter to Trump, the senators criticised his administration for delaying the process, stating, โIt is unacceptable and unworkable for your Administration to continue ignoring the requirements in the law, as you did in January by extending the divestment deadline to April 5.โ
Under the law, companies providing services to TikTok after the deadline could be held legally responsible, facing liability of up to US$850 billion. Trump, who initially supported banning TikTok during his first term, later positioned himself as the appโs defender. Upon returning to office, he signed an executive order delaying the ban’s enforcement for 75 days.
Experts question the legality of Trumpโs extension
Legal experts argue that Trumpโs decision to extend the deadline was questionable. The ban was already in effect when he took office, as former President Joe Biden left the issue for Trump to resolve. The law allows the president to extend the deadline by 90 days if a sale is in progress. However, neither Biden nor Trump officially used this mechanism, and Trumpโs executive order creating a 75-day extension does not carry the same legal weight.
Despite Trumpโs assurances, service providers like Oracle, Apple, and Google face potential legal challenges. The law remains in place beyond Trumpโs term, meaning future administrations could still take action against companies that support TikTok. While Oracle appeared willing to trust Trumpโs promise of legal protection, Apple and Google were more hesitant. Reports suggest they only reinstated TikTok in their app stores after receiving a letter from Attorney General Pam Bondi, assuring them that the law would not be enforced against them.
Trump explores options to keep TikTok running
Trump is reportedly considering two main options to keep TikTok operational beyond April 5: extending the deadline or negotiating a deal that ensures compliance with US law. According to Bloomberg, one potential solution involves Oracle guaranteeing that US user data remains secure from Chinese government access while allowing ByteDance to retain control of TikTokโs recommendation algorithm. This proposal is similar to the previous โProject Texasโ plan, which lawmakers had previously rejected as insufficient.
Representative John Moolenaar (R-MI), chair of the House Select Committee on China, has warned that TikTok must be fully separated from ByteDance. โByteDance must fully divest its control of TikTok and have no say in its operations, nor can the two share data, content, or algorithms. These are non-negotiable, and any deal that doesnโt meet these requirements isnโt legal,โ he stated.
The Democratic senators warn that further delay would force companies like Oracle, Apple, and Google to continue operating under immense legal uncertainty. They argue that Trumpโs approach does not protect these firms and could lead to severe financial consequences.
As the April 5 deadline approaches, the fate of TikTok in the US remains uncertain. Whether Trump can secure a legal solution or work with Congress to prevent a total ban remains to be seen.
