On his first day back in office, President Donald Trump signed an executive order extending the TikTok ban, which had briefly paused in the U.S. last week. The legal ramifications of this order remain ambiguous, adding to the uncertainty surrounding TikTok’s future.

The executive order, issued on January 20, extends the TikTok ban initiated by former President Joe Biden last year by 75 days. Trump stated that this period would allow him to consult with his advisors and relevant department heads to discuss the national security issues associated with TikTok.

Ben Sperry, a senior scholar at the International Center for Law & Economics, characterized the executive order as existing in a “gray area.” According to federal law, it is illegal for U.S. companies such as internet hosting services and app stores to maintain or distribute TikTok due to its ownership by the Chinese company ByteDance. Nonetheless, Trump’s order appears to provide an opportunity for companies to “violate” this law without facing penalties, Sperry noted.

Here’s a summary of Trump’s 75-day extension and its implications for users.

What Action Did the Executive Order Take?

Through the executive order, Trump instructed the U.S. Attorney General not to enforce the ban immediately and to send letters to companies that have been supporting TikTok, assuring them that they would not incur penalties.

Under the current federal law, companies that assist users in accessing TikTok could face fines of $5,000 per user. For major companies like Google and Apple, this would mean a $5,000 fine for every user who downloads or updates the app. For internet hosting firms such as Oracle, it would lead to a fine for every user that accesses TikTok via their services.

To put this into perspective: if approximately 170 million Americans use TikTok and companies incur fines of $5,000 per user, the estimated fines could reach around $850 billion, shared across various tech firms.

For tech giants such as Google, Apple, and Oracle, these fines would be described as “significant,” according to Sperry.

What Prompted Trump’s Extension?

“The unfortunate timing of section 2(a) of the Act, which implemented when the ban would take effect − just a day before I assumed office as the 47th President of the United States − hampers my ability to evaluate the national security and foreign policy consequences of the Act’s restrictions before they come into force,” Trump stated in his executive order.

Trump previously supported a TikTok ban during his first term, citing concerns over national security. However, he has recently expressed a desire to “save” the app.

On Sunday, Trump mentioned he was in discussions with several parties regarding the purchase of TikTok, predicting a decision on a sale within the next month, as reported by Reuters. Recently, he showed support for either Elon Musk, CEO of SpaceX and Tesla, or Larry Ellison, CEO of Oracle, acquiring the app. Nonetheless, Trump noted he had not been in discussions with Ellison about a potential purchase while speaking to reporters on Air Force One.

Trump’s team was unavailable for immediate comment regarding the executive order when YSL News sought clarification on Monday.

When Does the 75-Day Extension Conclude?

The extension expires on April 5, which is 75 days from Trump’s enactment on January 20.

How Can Trump ‘Overrule’ the Ban, which is Federal Law?

In simple terms, Trump’s administration is leveraging “prosecutorial discretion,” as Sperry explained. Prosecutorial discretion refers to the government’s authority to decide how laws are enforced in relation to individuals or, in this case, companies.

“You could argue, and I’m sure supporters of the executive order would, that they’re merely exercising their prosecutorial discretion to act in the public’s best interest,” Sperry added.

When Will TikTok be Available in App Stores Again?

Since TikTok went offline on January 18, it has not been available for download from the Apple App Store or Google Play Store. As of Monday, neither Google nor Apple had responded to inquiries from YSL News.

Why Was TikTok Banned?

In the spring of 2024, Biden enacted the Protecting Americans from Foreign Adversary Controlled Applications Act, which mandated that ByteDance, TikTok’s parent company based in China, divest its interest in TikTok by January 19, 2025. For years, some government officials have viewed TikTok as a potential national security risk, citing concerns that ByteDance may be sharing U.S. user data with the Chinese government. TikTok has consistently refuted these allegations.

Due to ByteDance’s failure to divest by the deadline, TikTok ceased operations in the U.S. on January 18, resulting in its removal from the Apple App and Google Play stores, rendering it unusable on both mobile devices and web browsers.

However, just over 12 hours after going offline, TikTok was reinstated for U.S. users following President Donald Trump’s assurance that companies distributing the app would not face penalties under the legislation.

Greta Cross is a national trending reporter. Follow her on X and Instagram @gretalcross.