An government order that goes in opposition to the legislation might be fought in courtroom.

A number of states have additionally sued the platform, opening up the chance to TikTok being banned by native jurisdictions, even whether it is out there nationally.

Though the platform went reside once more on Sunday for present customers, the query of whether or not third-parties – internet hosting platforms or app shops like Google or Apple – might help TikTok within the US stays murky, says College of Richmond legislation professor Carl Tobias. The app had been faraway from these shops in anticipation of the ban.

“It’s murky,” he informed the BBC.

In a publish on Reality media, Trump promised to defend corporations from legal responsibility, opening the door to TikTok being out there on Apple and Google once more.

“The order can even affirm that there can be no legal responsibility for any firm that helped preserve TikTok from going darkish earlier than my order,” the president-elect mentioned on Reality Social Sunday.

However through the Supreme Courtroom hearings, Solicitor Basic Elizabeth Prelogar was adamant that an government order can’t change the legislation retroactively.

“No matter the brand new president does, would not change that actuality for these corporations,” Justice Sonia Sotomayor mentioned through the hearings.

“That is proper,” Prelogar mentioned.

Professor Tobias mentioned that the legislation does embrace a provision that will enable the president to postpone the ban for as much as 90 days, if he can present that the corporate is making substantial progress on assuaging nationwide safety points. However, he mentioned, it is not clear whether or not these situations have been met.

“The very best factor Trump might do is figure with Congress, and never doubtlessly be in violation of the legislation or have any questions left hanging,” he mentioned.

“I do not know that we’ll know an entire lot extra till we see that government order.”