A TikTok ‘Deal’?

Document Type

Article

Publication Title

Lawfare

Publication Date

9-26-2025

Abstract

(Excerpt)

Yesterday President Trump signed an executive order certifying that ByteDance, TikTok’s Chinese parent company, has initiated a “qualified divestiture” of the popular social media app. This certification comes more than eight months after the Protecting Americans from Foreign Adversary Controlled Applications Act (PAFACAA), which effectively banned TikTok in the United States absent such a divestiture, went into effect. The administration’s sudden move follows a lengthy period of conspicuous non-enforcement, during which it has asserted broad executive authority over foreign relations to justify its inaction. But while the White House may be declaring victory, a closer look at the reported deal raises serious questions about whether it truly satisfies the stringent requirements of the law.

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