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TikTok is restoring access to U.S. users hours after President-elect Donald Trump unveiled plans for an executive order to save the app from a federal ban Sunday.
“We thank President Trump for providing the necessary clarity and assurance to our service providers that they will face no penalties providing TikTok,” a company spokesperson said. “We will work with President Trump on a long-term solution that keeps TikTok in the United States.”
Trump’s proposal exerted pressure on the entire tech ecosystem that makes TikTok available to U.S. users, including app store operators and service providers like Oracle which hosts its servers. Apple and Google pulled TikTok from their storefronts Saturday night after the app itself went dark on users.
“I’m asking companies not to let TikTok stay dark!” Trump wrote on Truth Social. “The order will also confirm that there will be no liability for any company that helped keep TikTok from going dark before my order.
Legal experts warned Trump’s word alone is unlikely to spare companies from jaw-dropping penalties if they violate the law. It’s not yet clear which service providers have agreed to risk a daily $5,000 fine for every user who can still access TikTok, which easily adds up to billions of dollars. TikTok is still unavailable to download on Android and Apple devices.
“Trump can say that no TikTok service providers will face liability. He can say that all he wants,” Wayne Unger, a law professor at Quinnipiac University, fired off on X Sunday. “They remain exposed to legal liability for significant statutory penalties if they violate the law. That’s how the law works, y’all.”
Alan Rozenshtein, a former DOJ official who teaches at the University of Minnesota law school, warned TikTok’s corporate partners against relying on the executive order.
“These “service providers” have lost their minds,” he said. “There's no assurance that Trump, who's not even the president yet, can provide. I look forward to the shareholder suits.”
University of Pennsylvania law professor Gus Hurwitz said Trump is inflicting a tough political and business dilemma on the companies. He eyed Oracle, which provides cloud infrastructure to TikTok in an arrangement that keeps U.S. data in America, as one of the first companies that may feel more comfortable flouting the law’s requirements. The company and its executives have close ties to the Trump administration. Oracle did not immediately respond to questions from POLITICO.
“Oracle might see value it cozying up to Trump, even if it risks crippling liability. Doing so could be good for the company, not doing so could risk important contract,” said Hurwitz. “And they have at least some due process argument in reliance on the EO. Not the path I'd hoe; but I'm no CEO.”
The Supreme Court debated this very scenario when hearing TikTok’s challenge to the law earlier this month. The justices questioned whether third parties would be legally protected if the president vowed to spare them, but charges were filed down the line.
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