ToplinePresident Donald Trump signed an executive order Monday temporarily pausing the federal ban on TikTok, after access to the app was restored before he even took office, but while companies like Oracle have willingly put the app back online, Apple and Googles app stores still havent restored TikTok and other ByteDance-owned apps yetand they could open themselves to legal liability if they do.TikTok is seen in the Apple app store on a phone on March 13, 2024 in New York City. Getty ImagesKey FactsTikTok restored access to U.S. users Sunday afternoon following a brief outage, after a federal law took effect that bans companies from hosting TikTok and other ByteDance-owned apps unless ByteDance divests from the apps, which the Chinese-owned company so far hasnt.The company said it restored access as a result of President Trumps effortseven though he hadnt taken office yetand Trump then signed an executive order Monday that directs his Justice Department not to enforce the law for 75 days, in order to give his administration an opportunity to determine the appropriate course forward in an orderly way that protects national security while avoiding an abrupt shutdown.Companies that handle TikToks U.S. user data, including Oracle and Akamai, restored access to the app in order to put it back online, according to NPR, but the app still has not yet been restored to Apple and Googles app stores, meaning U.S. users cannot download or update TikTok.Neither Apple nor Google have responded to requests for comment on whether they plan to restore access to TikTok or other ByteDance-owned apps, though Apple has published a webpage informing U.S. users the company is obligated to follow the law banning TikTok and other ByteDance-owned apps, and thus users cannot download or update them.The companies refusal thus far to make TikTok available again is in line with predictions from legal experts before the law took effect, as they suggested any assurances from Trump that he wouldnt enforce the policy likely wouldnt be enough to get companies like Apple and Google to comply, given they could still face legal liability if Trump were to reverse course and start enforcing the ban.University of Minnesota law professor Alan Rozenshtein wrote for Lawfare Tuesday that Trumps assurances not to enforce the law offers minimal security for companies who violate it by restoring access to TikTok, noting Trump could change his mind at any time or selectively enforce against companies that fall from political favor and the laws five-year statute of limitations means future presidential administrations can still pursue violations of the law.Can I Update The Tiktok App If Its Not On The App Store?Its still unclear if or when Apple and Google could put TikTok back on their app stores. If a circumstance arises in which Trump keeps the law on pause indefinitely and TikTok stays online but cant be updated or downloaded, users will likely eventually stop being able to use TikTok, as the app will get increasingly obsolete without the ability to update it.Which Bytedance Apps Are No Longer On The App Store?According to Apple, the list of apps owned by ByteDance or its subsidiaries that the company has taken off its App Store include TikTok, TikTok Studio, TikTok Shop Seller Center, CapCut, Lemon8, Hypic, Lark - Team Collaboration, Lark - Rooms Display, Lark Rooms Controller, Gauth: AI Study Companion and MARVEL SNAP.Why Cant Apple And Google Put Tiktok Back Online?Rozenshtein noted for Lawfare theres a murky history of defendants avoiding legal consequences because of orders declaring something is legalas courts have ruled both for and against those defendantsbut concluded companies face risks for putting TikTok back online. While there are some instances where courts have been more lenient, major companies like Apple and Google would face greater scrutiny for going against the federal law and just relying on Trumps statements, Rozenshtein argued. Courts are hesitant to be too lenient when it comes to executive orders like this, Rozenshtein noted, given that doing so could set a precedent suggesting presidents can just overturn laws as much as they want by issuing orders saying they wont be enforced.Will Oracle And Akamai Face Penalties For Restoring Tiktok?While Trump and his Justice Department arent going to punish companies who restored access to TikTok any time soon, Rozenshtein suggested those companies could still face legal liability should Trump change his mind or during the next presidential administration. Companies could particularly be targeted for the decision to put TikTok back online even before Trump took office, as Rozenshtein noted the companies have minimal defensive options for restoring service then. Trump was still a private citizen at the time, so his statements promising to keep the app legal didnt carry any legal weight, Rozenshtein noted. Oracle and Akamai have not yet responded to requests for comment about their decisions to restore service.Big Number$850 billion. Thats how much companies that have restored access to TikTok could potentially face in fines should the government decide to enforce the TikTok ban and punish them for enabling access to the app. The law allows a $5,000 fine per user and TikTok says its app is used by more than 170 million U.S. users, though likely not all of them have accessed the app since the law took effect. Apple and Google would likely face smaller fines if they reinstated TikTok and were punished for it, as those fines would only be calculated based on the number of people who downloaded or updated the app, versus who actually used the app.Will Trump Get Bytedance To Sell Tiktok?ByteDance has so far not given any public indication that its willing to sell TikToks U.S. assets, with TikTok previously arguing that doing so would not be logistically feasible. It remains to be seen if that public position will change now that the law has formally taken effect, and Trump has threatened to levy additional tariffs on imports from China if the countrys government refuses to approve a sale of TikToks U.S. assets. China blocking the deal would be a certain hostility and well put tariffs of 25, 30, 50%, even 100%, Trump told reporters Monday, also arguing the U.S. should own a 50% stake in TikToks U.S. operations. Experts cited by The Washington Post before Trumps inauguration suggested China would only be likely to cut a deal with Trump on TikTok as part of broader political negotiations between the two governments, though the countrys government did not rule out the possibility of a sale Monday. For such actions as corporate operations and acquisitions, we always believe that they should be decided independently by companies based on market principles, Chinese foreign ministry spokeswoman Mao Ning said in a statement.Key BackgroundThe federal law outlawing TikTok took effect Sunday following a last-minute court battle as TikTok challenged the ban, which led to the Supreme Court upholding the federal law in a unanimous ruling. While TikTok has argued the law violates its First Amendment rights, Congress passed the law with bipartisan support last year, arguing taking action against the app was necessary due to the national security threat posed by ByteDances Chinese ownership. TikTok has long denied any links to the Chinese government or wrongdoing, though Forbes has reported on numerous concerns involving the app, including TikTok spying on journalists, promoting Chinese propaganda that criticized U.S. politicians, mishandling user data and tracking sensitive words. Trump signaled he planned to take action against the TikTok ban shortly before taking office, though it was still unclear what steps he would take until Sunday, when Trump said he planned to issue an executive order pausing the ban. The president has justified his support for TikTok in part because of his own popularity on the app, though his move to keep the app online marks an about-face from his first term, when he issued an executive order banning TikTok that was later overturned in court.Further Reading