Trump's TikTok Delay is Considered "Illegal," Says Prominent Senate Democrat on Intelligence.

The recent decision by President Donald Trump to delay the deadline for the sale or ban of TikTok by 75 days has left service providers like Apple, Google, and Oracle in an uncertain position. A prominent Democrat has declared that this action is "totally illegal."

Following Trump's announcement, a group of 12 Republican members of the House Select Committee on China, led by John Moolenaar, issued a statement. Although legal concerns regarding this second extension were not addressed, they emphasized that "any resolution must ensure compliance with U.S. law and that the Chinese Communist Party does not have access to American user data or the ability to manipulate the content consumed by them." The signatories expressed their interest in learning more details about a potential agreement.

Meanwhile, three Republicans from the House Energy and Commerce Committee reaffirmed that "any agreement must ultimately eliminate the possibility of China surveilling and manipulating Americans through this app."

Senator Mark Warner, vice chair of the Senate Intelligence Committee, was blunt in his criticism, stating that "this is all a farce if the algorithm does not move out of Beijing's hands." Warner also noted that nearly 80% of Republicans recognized that this constituted a national security threat, questioning whether they would now speak out about it.

On his first day in office, Trump signed an executive order that delayed the enforcement of the divestment law regarding TikTok, which had already been deemed questionable by legal experts. As the April 5 deadline approached without an announced agreement, the lack of action could have led to American companies providing services to TikTok facing harsher penalties.

The original Law for the Protection of Americans from Foreign Adversary Controlled Applications was passed with broad bipartisan support, citing an imminent national security threat, and was confirmed by the Supreme Court in January. Despite repeated assertions from TikTok about the impossibility of the Chinese government accessing American user data, skepticism among many lawmakers has persisted. While the Trump administration has chosen to ignore the law, Congress has largely remained silent.

Recently, some Democratic senators, such as Ed Markey, warned Trump that a new extension would only create more legal uncertainty and doubted that the proposed solutions could address legal concerns. Markey commented that "Trump's unilateral extension is illegal and forces tech companies to choose between assuming crippling legal liability or removing TikTok from their platforms," labeling the situation as unjust for the companies and the app users.

The recent coordination of statements from Republicans on the China Committee and the Energy and Commerce Committee seems to represent a collective effort to establish a firm position on the matter. Some Republicans have previously expressed the need for Trump to comply with the law, indicating that if an agreement is not reached as stipulated, it would be preferable to ban TikTok. Warner, on the other hand, maintains that it is crucial for the app to remain under U.S. control and has urged the Biden administration to be more proactive in negotiations.

Despite concerns about the data security of users in the U.S., it seems unlikely that lawmakers will take action beyond attempting to pass new legislation if Trump continues to disregard the existing one.