Attorney Explains Factors Behind TikTok’s Ongoing Exclusion from the App Store

Attorney Explains Factors Behind TikTok's Ongoing Exclusion from the App Store

Attorney Explains Factors Behind TikTok’s Ongoing Exclusion from the App Store


# The Status of TikTok in the US: Legal Challenges and Store Presence

Recently, the discourse surrounding TikTok’s presence in the United States has intensified, especially after its momentary shutdown for American users. Although the application is functional once again for those who had already installed it, it is noticeably missing from the App Store for iPhone users. This article delves into the legal factors contributing to this situation and why industry experts believe that Apple might not be able to restore TikTok just yet.

## TikTok’s Brief Outage

On a late Saturday evening, TikTok became inaccessible to US users, raising concerns about its future in the nation. This outage was temporary, with the app returning to service by Sunday. For newcomers or anyone aiming to download the app, however, the circumstances remain unfavorable. Apple has taken TikTok off its App Store, highlighting its responsibility to adhere to legal regulations in the areas it operates.

### The Legal Framework

The context surrounding TikTok’s exclusion from the App Store involves a complicated legal framework influenced by executive orders and political strategies. Former President Trump had enacted an executive order that sought to ban TikTok, citing national security issues. Yet, he later reassured technology companies that the ban would not be enforced, which enabled Oracle, a US cloud services firm, to restore TikTok’s operations.

Despite these reassurances, legal specialists warn against a swift reintroduction of TikTok in the App Store. Alan Z. Rozenshtein, a law professor, contends that Trump’s promise of non-enforcement offers minimal protection for businesses such as Apple. In his commentary for *Lawfare*, Rozenshtein points out several critical considerations:

– **Non-Enforceable Assurances**: Courts generally do not recognize non-enforcement commitments as binding. Companies relying on such promises might find themselves in difficult legal predicaments.

– **Political Instability**: The political environment is unpredictable. A subsequent administration might opt to enforce the ban, irrespective of Trump’s current posture, particularly in light of the five-year statute of limitations applicable for pursuing violations.

– **Economic Consequences**: The potential financial repercussions for failing to comply could be substantial, even for a business as sizable as Apple. The stakes are considerable, and the dangers tied to reinstating TikTok may overshadow any potential rewards.

## The Impact on Apple

In light of the legal ambiguities and potential fallout, Apple seems to be adopting a prudent stance. The company is probably evaluating the dangers of re-adding TikTok in consideration of possible legal hurdles in the future. As Rozenshtein observes, the absence of a strong legal assurance concerning non-enforcement could expose Apple to significant liabilities if circumstances shift.

### Conclusion

At present, TikTok continues to be unavailable for download in the US App Store, leaving the app’s future uncertain. While it remains operational for current users, the legal intricacies surrounding its status imply that new users may encounter persistent difficulties in accessing it. The dynamic between technology, law, and politics is sure to keep influencing the narrative regarding TikTok in the United States.

What do you think about Apple’s choice to exclude TikTok from the App Store? Share your thoughts in the comments below.