TikTok ban in the USA: Why Apple and Google are not reinstating the app

Despite the new US President's order not to prosecute violations of the ban on TikTok in the US for the time being, Apple and Google are still refraining from reinstating TikTok in their app stores. A US legal expert explains this with the considerable legal risks that the companies would be taking despite the executive order.

The TikTok Act (PAFACAA), which was upheld by the Supreme Court shortly before Donald Trump's inauguration, prohibits US companies from hosting TikTok or offering it in their app stores. Violations are subject to a fine of 5,000 US dollars per user. In addition to Apple and Google, the US tech companies Oracle and Akamai also discontinued their hosting services for TikTok.

Only an apparent turnaround

Thesigning of a decree by US President Trump took the issue in a new direction. Trump is in favor of restoring the services and wants to find a long-term solution during the transition period, which would involve selling them to a US company. However, he cannot repeal the law single-handedly, but can only prevent prosecution for 75 days.

While TikTok resumed operations for existing users after Oracle and Akamai made this possible again, Apple and Google are still not offering the app. And apparently for good reason: according to one expert, the postponement by decree of the US President is based on feet of clay.

Alan Rosenshtein, former legal advisor to the US Department of Justice, explains in a specialist article that promises of non-enforcement often do not stand up in court. In addition, a de facto infringement is nevertheless committed, which only becomes time-barred after five years. As a result, companies could continue to face trouble in the event of a change of government or even with the current government. And even before the 75-day period expires, Trump could revoke his executive order at any time.

The threat of significant penalties

Given the number of 170 million US users, the penalty per user would potentially threaten the existence of companies or at least tear a considerable hole in their coffers. Against this backdrop, observers do not expect TikTok to return to the App Store and Play Store before a legally compliant solution is found.

(mki)