An executive order by US President Donald Trump not to enforce a law that banned the use of TikTok brought the app back after a legislative shutdown in January. But those 75 days in the executive order are nearly up, and three senators are now warning that ignoring the law could cost tech companies as much as $850 billion dollars. That warning comes as a Pew Research study finds that only around a third of Americans support the measure, a steep drop from the 50-50 split the ban had two years ago.
On Monday, three Democratic senators published a letter urging the President to work to resolve the ban. In the letter, Edward J. Markey, Chris Van Hollen, and Cory A. Booker wrote that, while they oppose the TikTok ban, the order to not enforce the law “was not only unlawful but also raised serious questions about TikTok’s future.”
Instructing the legislation not to be enforced rather than working to change the legislation, the senators worry, would risk the app’s future in the US because tech companies that do not follow the law could face penalties of up to $850 billion, they claim. That includes companies like Apple and Google for listing the app in app stores as well as Oracle for hosting cloud computing for the app. Executive orders not to enforce the ban would still mean that those companies would be “risking ruinous legal liability” to continue allowing the app, the Senators argue, and whether or not TikTok remains available after April 5 would depend on the companies’ risk tolerance.
“Without any further action from Congress, the 170 million Americans that rely on TikTok will continue to face uncertainty about TikTok’s future,” the Senators wrote, asking Trump to answer several questions by March 28 in order to allow time for legislators to work together ahead of the April 5 deadline. “Creators will continue to fear that the platform could disappear at any moment. This situation is unfair and unworkable. We urge you to stand up for TikTok’s users and use your immense influence over congressional Republicans to demand a long-term solution to the TikTok ban.”
This week, the Pew Research Center published a study indicating that American support for the ban has dwindled. According to a survey of adults in the US, only around 34% support the ban, a drop from 50% two years ago. During that same time frame, the number of US adults that consider the app a national security threat has dropped from 59% to 49%.
The bipartisan Protecting Americans Against Foreign Adversaries Act gave ByteDance until January 19 to sell to a US-based owner or face a ban. When the deadline passed without such a sale, TikTok went dark in the US until Trump’s executive order. That order expires on April 5 if no further action is taken. While rumors have circulated of companies interested in buying the app, during a Supreme Court case on the ban, ByteDance indicated that a sale would not be possible.
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