Key Points
• Apple has removed TikTok from the App Store in the US due to a law banning the app.
• Despite President Trump’s assurance that the law wouldn’t be enforced, one law expert says Apple should not restore the app.
• The expert argues that a non-enforcement promise is unlikely to hold up in court, and Apple should prioritize its compliance with laws rather than relying on uncertain promises.
TikTok’s temporary removal from the US App Store might be over for some users, but the popular app is still not available for download. Apple has not restored it to the store, citing its obligation to comply with laws in the jurisdictions where it operates.
However, US host Oracle recently restored service for TikTok, claiming that a non-enforcement promise from President Trump meant it was safe to do so. This promise ensures that the ban will not be enforced, making it seem like TikTok has been given the green light.
But according to law expert Alan Z. Rozenshtein, Apple is wise to err on the side of caution and not restore TikTok to the App Store just yet. He argues that the non-enforcement promise is unreliable and may not hold up in court. As he writes for Lawfare:
"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… 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."
This means that if a court ruling goes against Trump’s promise, Apple could be facing severe financial consequences. By prioritizing its compliance with laws, Apple can avoid potential backlash.
While users might be waiting eagerly for the app to be restored, Apple’s decision makes sense given the uncertainty surrounding Trump’s promise. In the meantime, users are stuck without a way to get TikTok unless they download the app from unofficial sources, which carries risks and could compromise security.
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Remember: while the controversy surrounding TikTok continues, users should prioritize safety and security above convenience. Make sure to install trusted apps only and avoid third-party sources.
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