TikTok’s deactivation for US users may have been short-lived, but the app is still missing from the iPhone’s App Store. Here’s why one lawyer says Apple can’t bring it back yet.
Non-enforcement guarantee won’t provide much assurance in TikTok App Store decision
If you have TikTok on your iPhone, the app now works after a short period of going dark in the US late Saturday night and into Sunday.
But if you don’t yet have it downloaded, there’s currently no way to get the app in the US.
Apple has removed it from the App Store because of its obligation “to follow the laws in the jurisdictions where it operates.”
President Trump has assured tech companies that the law banning TikTok would not be enforced, which is what led US host Oracle to restore service on Sunday.
However, one law expert explains why Apple should not follow suit by restoring the app to the App Store.
Top comment by BCGeiger
Makes perfect sense. You didn’t mention that it appears that by using an executive order rather than the mechanism in the the bill that banned the service, it is even questionable if Trump’s order is legal and would stand up in court. No, Apple is absolutely right to not restore it until the legal situation is sorted out. It’s my understanding that Google and Microsoft have done the same.
Alan Z. Rozenshtein, writing for Lawfare:
The non-enforcement promise offers minimal security. As discussed above, courts rarely treat such promises as binding, even when defendants face serious consequences from relying on them. Trump could change his mind at any time or selectively enforce against companies that fall from political favor, and a future administration, taking advantage of the five-year statute of limitations, would almost certainly be free to pursue violations regardless of Trump’s stance.
In other words, Trump’s assurances now might be of little value later, especially to a court—and the financial consequences for non-enforcement could be severe, even for a company of Apple’s stature.
Rozenshtein’s full piece explains the context and history behind non-enforcement guarantees being disregarded in court, and is well worth a read if you’re wondering why Apple has thus far refused to restore TikTok.
What do you think of Apple’s decision to not offer TikTok on the App Store? Let us know in the comments.
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