AZ constitutional law expert weighs in on TikTok’s unpredictable future
PHOENIX (AZFamily) — Even without a U.S. buyer taking over ownership of the app, TikTok is running again in the U.S.
The app went dark for a period of time last night but appears to be running again like normal.
“And as of today, TikTok is back,” said President-elect Donald Trump.
Trump fired up the crowd at a rally in Washington D.C. on Sunday.
While users are rejoicing, local constitutional law expert Robert McWhirter isn’t cheering along.
“TikTok kind of threw the equivalent of a corporate temper tantrum,” said McWhirter.
On Saturday, the app sent a pop-up message informing users of its shutdown in the U.S. The move followed last week’s Supreme Court decision to uphold a federal law passed over the summer by Congress over national security concerns.
It banned TikTok unless its China-based company ByteDance found a buyer outside China.
When TikTok returned online, it sent another notification crediting Trump for its return.
Trump supported a ban during his first presidency but now said he wants the U.S. to own 50% of the company to keep it going.
“So they’ll have a partner, the United States, and they’ll have a bidder and the United States will do what we call a joint venture, and there’s no risk. We’re not putting any money. All we’re doing is giving them the approval,” said Trump.
McWhirter said he was confused by Trump’s position.
“If it is private United States companies, what’s going to be the mechanism to assure that China’s ByteDance, which still owns half, does not have access to all the personal data,” said McWhirter.
He said Trump could give ByteDance a 90-day extension to find a reputable buyer. If that doesn’t work, Trump is obligated to implement the law passed by Congress and affirmed by the high court.
“The bottom line is an executive order does not supersede a statute from Congress,” said McWhirter.
Google and Apple dropped TikTok from its app stores because of potential penalties under that new law.
McWhirter said there is a five-year statute of limitations. Therefore, if Google and Apple offer TikTok again, he said they could be in big trouble four years from now with whoever succeeds Trump in the White House.
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