POLITICO Tech

What Trump can do about TikTok

21 snips
Jan 20, 2025
Alan Rosenstein, a law professor at the University of Minnesota Law School and senior editor at Lawfare, dives into the complicated landscape surrounding TikTok as Donald Trump seeks to maneuver through a potential U.S. ban. The discussion reveals Trump’s limited options and the intertwining of TikTok's fate with broader U.S. foreign policy. Rosenstein highlights national security debates, the implications of a Supreme Court ruling, and the intriguing migration of users to the Chinese app Red Note amidst the ongoing controversies.
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INSIGHT

Non-Enforcement Risks

  • Trump can choose not to enforce the TikTok ban, but this doesn't eliminate the legal risk for companies like Apple and Oracle.
  • These companies could still face significant fines if they host TikTok, despite the non-enforcement.
INSIGHT

Executive Order Limitations

  • An executive order from Trump won't magically solve the TikTok issue; presidential power is limited.
  • Realistically, only Congress repealing the law or a legitimate divestment of TikTok from Chinese control will resolve the situation.
INSIGHT

Power Grab Concerns

  • Trump claiming the TikTok ban interferes with his presidential powers would be a significant power grab.
  • While the President has important foreign policy powers, Congress also holds considerable power in this area.
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