Le déblocage temporaire d'un an de la censure de TikTok a été interrompu, mais le président Trump pourrait ne pas avoir raison juridiquement.

The ban on TikTok, which went into effect on Sunday, was suspended for 75 days by an executive order signed by President Trump during his inauguration. He also said that American companies providing services to TikTok during this period will not be pursued.

However, legal experts note that Trump's order does not seem to comply with the law, and they assert that businesses making TikTok available remain liable for billions of dollars in fines, which makes it unlikely that Apple will restore the app to the App Store.

A Fourth Day of Excitement and Intense Sensations

On Friday, the US Supreme Court upheld the law imposing a ban on TikTok in the United States. This meant that the ban would take effect on January 19th.

Biden's government issued a statement indicating that it did not intend to try to implement the law during its last 24 hours at the White House, and it would therefore be up to Trump to make a decision. Trump initially said he needed time to think about it, and TikTok went offline in the US on Sunday.

Apple issued a statement indicating that it was required to follow the law by removing the app from the App Store.

Sunday evening, Trump posted on social media that he would suspend the ban as soon as he took office the next day and that no one would be responsible for ignoring the law during this time. Access to the app was restored by ByteDance, which seems to have decided to trust Trump's promise concerning responsibility.

However, Apple and other app store providers refused to return the app to their app stores based on a message on social media.

TikTok Ban Suspended for 75 Days

Trump signed an executive order suspending the ban for 75 days and stating that American companies supporting TikTok's return will be protected from any liability.

The notes of ASNPR indicate that the law allows suspending the ban on TikTok for a maximum period of 90 days, provided there is evidence of ongoing agreements.

The law allows one exception: TikTok can continue operating if Trump certifies to Congress that "significant progress" has been made in disconnecting TikTok from ByteDance's ownership.

The law requires Trump to present to Congress that there are legally binding agreements in place concerning the changes of ownership at TikTok.

Probable Invalid Executive Order

Trump did not provide any evidence that the requirements of the law have been met, so lawyers continue to express doubts about the effectiveness of the guarantee against promised liabilities.

It seems unlikely that Apple, Google, Amazon, and Microsoft will take the risk of restoring TikTok to their app stores until the legal requirements are met.

The Chinese Weaken Their Position Slightly

The Chinese government has so far refused the idea of any sale to an American company, but a high-ranking official suggested yesterday that its position might be questioned.

Trump had suggested that perhaps an equitable partnership between China and the US could be a solution. Reuters asked for a response to this and received an uncommitted one.

We hope that the US listens faithfully to the voice of reason and provides an open, fair, just, and non-discriminatory business environment for companies around the world. In cases such as exploitation and acquisition of businesses, we believe they should be taken independently by companies in accordance with market principles. If it concerns Chinese companies, Chinese laws and regulations must be observed.

This is not exactly an enthusiastic recommendation of the idea, but it is a change from the previous outright rejection.

• TikTok Returns to the US, But Not on the App Store: What You Need to Know

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