US TikTok ban: DOJ grants service providers immunity from prosecution
A law banned TikTok in the USA, but was never enforced. The government even promised Google and co. immunity from prosecution, according to published letters.
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It was apparently clear from the outset that a whole series of large tech companies need not fear any consequences if they continue to supply the social media platform TikTok, which is banned in the US. The US Department of Justice assured Amazon and Co in advance that it would prevent any possible legal consequences – both in-house and from potential plaintiffs.
Meanwhile, the Chinese platform TikTok is still online in the USA. For fear of espionage and Chinese influence, the US Senate passed a law last year forcing TikTok to cease operations in the US or to sell the relevant parts of its company to a US buyer. Neither has happened to date. This is partly because US President Donald Trump, who has been in office since January, has granted TikTok several extensions for the sale.
Google shareholder sued for publication
TikTok's service providers would also have to fear penalties under the law. App stores that continue to stock TikTok, for example, theoretically face penalties of several thousand US dollars per download. In the meantime, however, it has become known that the US government has assured TikTok's service providers that they have nothing to fear.
However, the extent of this immunity from prosecution is only now becoming known. Google shareholder Zhaocheng Anthony Than has succeeded in suing for the publication of corresponding letters from the US government to affected companies. He invoked the Freedom of Information Act.
Attorneys general promised immunity from prosecution
The documents show how Attorney General Pam Bondi and her predecessor, temporary appointee James McHenry, promised Amazon, Apple and co. that they would prevent any consequences that the new law could have for them. And that's not all: the US Department of Justice would also do everything in its power to prevent prosecution by others, such as civil lawsuits by private individuals or organizations, Bondi and McHenry assert in the letters.
According to tech magazine TheVerge, the commitment includes the filing of amicus briefs or "intervention in litigation". Amicus briefs are statements on a legal dispute that a party not involved in the proceedings can submit.
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McHenry apparently sent out the first round of letters on January 30. Ten days earlier, Trump had postponed the implementation of the TikTok ban for the first time by decree. Bondi then sent out a series of follow-up letters, for example on April 5, shortly after Trump had extended the suspension of enforcement of the law until mid-June. Among the recipients were app store operators, cloud providers, telecommunications providers and others. Their full list has now also been published by tech magazine TheVerge:
- Apple
- Amazon
- Microsoft
- Akamai Technologies
- Digital Realty Trust
- Fastly
- T-Mobile US
- Oracle
- LG Electronics USA
Without these service providers, TikTok's operations in the USA would probably be massively impaired. Trump has now granted TikTok a further extension until mid-September for the sale of the US division. The Republican himself used to be one of TikTok's opponents and even wanted to ban it during his first term in office. However, he changed his course on TikTok. He also attributes his success in the second presidential election campaign, particularly among young people, to the app.
(nen)
