Brussels: The US Justice Department has concluded that the law mandating the removal of TikTok from government devices no longer applies to the app's current US version. This decision marks a significant development in the ongoing scrutiny faced by the platform over national security concerns.
According to Anadolu Agency, the legal opinion came six months after TikTok's US operations were transferred to a group of ventures, primarily American, with Beijing-based ByteDance retaining a 19.9% stake. This restructuring was pivotal in addressing the apprehensions that had put TikTok at risk of a nationwide ban in the United States.
In late 2022, Congress enacted bipartisan legislation that required executive branch agencies to remove TikTok from federal devices. The law also extended to "any successor application or service developed or provided by ByteDance Limited or an entity owned by ByteDance Limited," as reported by ABC News.
On Thursday, the Office of Legal Counsel within the Justice Department clarified in a 12-page opinion addressed to the deputy counsel to the president that the legislation no longer pertains to the current US version of TikTok. The office noted, "Congress banned only the version of TikTok that shares the same problematic ownership features."
Despite this opinion, federal agencies may still opt to prohibit the app on government devices for reasons related to workforce management, including productivity. The original restrictions were instituted due to national security concerns that sensitive government data could potentially be accessed by Chinese entities through the app.
In 2024, Congress passed legislation that aimed to ban TikTok nationwide unless ByteDance divested its US operations. However, one day before the law was set to take effect, President Donald Trump instructed the Justice Department not to enforce it, announcing that his administration was negotiating a deal.
The deal was finalized in January, resulting in a group of predominantly US investors acquiring a majority stake in TikTok's US operations, while ByteDance retained a 19.9% share.