Originally published by Gatestone Institute
Commentary
Trump lacks the authority to suspend the law through executive order. Furthermore, even a delay in enforcement, as permitted by the law, would be unwise.
TikTok, owned by China’s ByteDance Ltd., along with TikTok creators, sought Supreme Court review of the recent ruling in TikTok Inc. v. Garland, which upheld the law’s constitutionality.
The law explicitly prohibits third-party service providers like Google or Apple from distributing, maintaining, or updating a “foreign adversary controlled application.” This includes apps owned by ByteDance, such as TikTok.
The enforcement of this prohibition is scheduled for Jan. 19. Unless ByteDance sells TikTok to a non-designated party by that date, American app stores cannot distribute the app, and American businesses cannot offer web-hosting services for it. TikTok, a popular Chinese video-sharing app, is currently on an estimated 170 million phones in the U.S.
On Jan. 10, the U.S. Supreme Court heard oral arguments on the matter. However, a ruling was not issued on Jan. 15, as anticipated.
While TikTok users argue that the law limits their access to a crucial communication platform, national security concerns take precedence.
Trump, using emergency powers in 2020, previously banned TikTok. He recently filed a brief with the Supreme Court seeking a stay of the law, aiming for a negotiated resolution.
The Protecting Americans from Foreign Adversary Controlled Applications Act allows the president to grant a one-time 90-day extension if there is progress towards a sale. However, granting an extension would be counterproductive, as it may ease pressure on China to sell the app.
Ultimately, any delay in enforcing the law, whether through executive order or legal provisions, would not serve America’s best interests. It would signal to China that the U.S. is not committed to defending against an app that poses security risks.
There are discussions about ByteDance potentially selling the app while retaining control of the curation algorithm.
It is imperative for Trump to recognize that China’s manipulation of content on TikTok is a major factor in its harmful impact on America. Now, individuals are migrating from TikTok to another Chinese app called RedNote, also known as “Little Red Book” in China. RedNote, currently the most downloaded app in Apple’s U.S. store, should be subject to the same scrutiny as TikTok. Both apps pose a threat to America’s interests. Please note that the opinions expressed in this article are solely those of the author and do not necessarily align with the views of The Epoch Times.
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