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TikTok Ban - Update

It is officially fall - that means the color of the leaves are changing, the air is getting more crisp, the sun is setting sooner, and, oh… TikTok isn't getting banned? On September 25, 2025, President Trump signed an Executive Order that permits TikTok to continue operating in the United States. While this is a step in the right direction (if you like TikTok, and consider this to be the “right” move), it does not completely diminish the possibility of the app facing a nationwide ban.

In April 2024, President Biden signed a bill that required TikTok to be sold to a U.S. company (as opposed to remaining owned by ByteDance, a Chinese-based company), or its operations will be banned in the U.S. TikTok was given a 9-month grace period to be sold to a U.S.-based company, and it was also agreed that the algorithm would no longer be controlled by ByteDance. Fast forward to January 2025, TikTok had not been sold to a U.S. company and access to the app was effectively removed from U.S. devices. This did not last long, as President Trump signed an executive order that permitted ByteDance an additional 75 days to meet the ownership requirements for continued operations in the U.S.

Fast forward even more, it is now the end of September. There is another executive order that has been approved by President Trump. With how much time has flown by since January, along with it went the memory of the ban. The new executive order allows for companies in the U.S. to purchase TikTok from ByteDance, allowing TikTok to continue operating in the U.S. while assuaging national security concerns. Here are the key takeaways from the executive order:

  • The goal is to address national security concerns while also preserving access to TikTok in the U.S.
  • By recognizing and approving a restructure (selling TikTok to a U.S. company), it provides a path that allows TikTok (and other similar platforms such as Lemon8 and CapCut) to continue operations rather than being outright banned.
  • To ensure data is safeguarded, the following structure is required:
    • U.S. control over algorithms; data storage must be in U.S. cloud servers; monitoring may only be done by trusted partners of the U.S.; and no “operational relationship” with former foreign parents beyond the allowed minority stake (< 20%).
  • The 120-day safe harbor for non-enforcement is intended to allow time for the ownership transition.
  • Prior executive orders and other orders were amended or revoked to align with this new approach.

The final details have not yet been ironed out, and so far we only have verbal confirmation from President Trump that China is on board for this plan. Be on the lookout for updates on this deal - we still have much to learn about who is taking over, and how they plan to ensure the national security of U.S. citizens will remain protected. In the meantime, happy fall and happy TikTok-ing!

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