Privacy & Data Protection
Presidential Executive Orders
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January 20, 2025 (W.H. Link) - The Executive Order addresses the implementation of the Protecting Americans from Foreign Adversary Controlled Applications Act, which prohibits the distribution, maintenance, or updates of applications controlled by foreign adversaries, specifically targeting TikTok and its parent company, ByteDance Ltd., due to national security concerns. The prohibitions became effective on January 19, 2025, one day before the new administration took office.
Key directives include:
Temporary Non-Enforcement of the Act:
The Attorney General is ordered not to enforce the Act for 75 days, allowing the administration to review national security concerns, assess TikTok’s mitigation measures, and explore resolutions to protect security without abruptly shutting down the platform used by 170 million Americans.
During this period, no penalties will be imposed for noncompliance with the Act, and this leniency extends to conduct that occurred before the issuance of the order.
Implementation and Guidance:
The Attorney General will issue written guidance and letters to relevant entities affirming that no violations occurred during the non-enforcement period and that there is no liability for actions taken before the order.
Preservation of Executive Authority:
The Attorney General will ensure that enforcement authority remains solely with the federal government, preventing states or private parties from encroaching on executive powers related to the Act.