Trump announced the decision in a post on his Truth Social account on Sunday as millions of TikTok users in the U.S. awoke to discover they could no longer access the TikTok app or platform.
Note that the law does not prohibit TikTok from operating. It prohibits companies like Google and Apple from distributing it, and according to this article, they are in fact not distributing it.
Even as TikTok was flickering back on, it remained unavailable for download in Apple and Google’s app stores.
TikTok shut off voluntarily and that appears to have been an excellent PR move, but we won’t know for certain until Trump does or doesn’t do something about it in the next few days.
Sec. 2) This division prohibits distributing, maintaining, updating, or providing internet hosting services for a foreign adversary controlled application (e.g., TikTok).
The “providing internet hosting services” seems like it could be an issue there
The law actually bans “providing internet hosting services to enable the distribution, maintenance, or updating of such foreign adversary controlled application for users within the land or maritime borders of the United States.”
If Google and Apple aren’t distributing, maintaining, or updating TikTok then it follows that nobody is providing internet hosting services enabling distribution, maintenance, or updating of TikTok.
Note that the law does not prohibit TikTok from operating. It prohibits companies like Google and Apple from distributing it, and according to this article, they are in fact not distributing it.
TikTok shut off voluntarily and that appears to have been an excellent PR move, but we won’t know for certain until Trump does or doesn’t do something about it in the next few days.
TikTok may trust Trump but Apple and Google are much better off acting like the law is in force and could be used against them.
TikTok also was and still is acting like the law is in force - the law does not require it to shut off. They aren’t taking any legal risk.
It was a publicity stunt. That’s manipulative as fuck. You can add them to the list of businesses in Trump’s pocket.
Sec. 2) This division prohibits distributing, maintaining, updating, or providing internet hosting services for a foreign adversary controlled application (e.g., TikTok).
The “providing internet hosting services” seems like it could be an issue there
The law actually bans “providing internet hosting services to enable the distribution, maintenance, or updating of such foreign adversary controlled application for users within the land or maritime borders of the United States.”
If Google and Apple aren’t distributing, maintaining, or updating TikTok then it follows that nobody is providing internet hosting services enabling distribution, maintenance, or updating of TikTok.
Wouldn’t the ISP be liable?
Only if they hosted someone who distributed the app or update. Which nobody is doing.