Tony Tan, a shareholder in Google, has disclosed a series of letters from the Trump administration sent to various technology companies, reassuring them to keep TikTok accessible on their platforms despite existing legal challenges. However, Tan disputes the legality of these assurances and has initiated legal proceedings to challenge them.
Trump Administration Letters on TikTok Ban Enforcement
The TikTok ban has experienced numerous shifts since its inception. Notably, President Biden enacted the “Protecting Americans from Foreign Adversary Controlled Applications Act,” mandating ByteDance divest its U.S. TikTok operations by January 19, 2025, or face a ban.
Upon taking office, President Trump issued an executive order suspending the ban and extending this deadline to April 5, 2025. During this interval, TikTok experienced a brief outage in the U.S., but access was restored following Trump’s assurance to tech companies that his extension was constitutionally valid.
Trump further extended the deadline to June 19, 2025, and his administration sent letters to major tech firms, including Apple, Google, and Microsoft, declaring that companies maintaining TikTok services would not face legal penalties, even if the statute suggested otherwise.
These letters, obtained by Tan through a Freedom of Information Act lawsuit, include a detailed communication addressed to Apple’s senior legal leadership. The letter emphasized the President’s constitutional authority over national security and foreign policy, asserting that enforcement of the Act would infringe upon these duties. It confirmed that during the “Covered Period” and an “Extended Covered Period,” Apple had no violations or liabilities under the Act and could continue providing services to TikTok without legal risk.
Excerpt from the Letter to Apple: “The Attorney General has concluded that the Protecting Americans from Foreign Adversary Controlled Applications Act is properly read not to infringe upon such core Presidential national security and foreign affairs powers… Apple Inc. may continue to provide services to TikTok as contemplated by these Executive Orders without violating the Act, and without incurring any legal liability.”
Legal Challenges from Google Shareholder Tony Tan
Mr. Tan contends that the President’s extensions of the TikTok ban lack statutory authority. He warns that companies continuing to host TikTok risk substantial legal liabilities, as federal law permits prosecution up to five years after violations occur.
Tan has filed a lawsuit against Alphabet, Google’s parent company, scrutinizing its decision to restore TikTok to the Google Play Store following Trump’s executive orders. He argues that this action could expose the company and its shareholders to potential liabilities amounting to hundreds of billions of dollars.
Tan stated, “The President’s purported ‘extensions’ of the TikTok ban have no basis in the law. Companies that break the law by continuing to host TikTok are exposing their shareholders to ruinous legal liability.”
Legal experts have expressed concern over the administration’s non-enforcement stance. University of Minnesota law professor Alan Z. Rozenshtein remarked on the constitutional implications, highlighting the President’s duty under Article II to ensure laws are faithfully executed.
Implications for Apple, Google, and TikTok Enforcement
At present, companies such as Apple and Google have relied on the President’s word and the Department of Justice’s assurances to maintain TikTok services. Whether these letters provide lasting legal protection or merely temporary political cover remains uncertain and likely subject to judicial review in the future.
Meanwhile, Tony Tan continues to advocate for accountability, aiming to protect shareholders from potential fallout if judicial decisions invalidate the administration’s stance.