EO 14258: Extending the TikTok Enforcement Delay
ANALYSIS: EO 14258 pertains to the ongoing effort to ban or restrict TikTok (the Chinese-owned social media app) on national security grounds – specifically, it extends the deadline for enforcement, likely to allow negotiations or legal challenges to resolve. This connects to Project 2025’s stance on countering Chinese tech threats. In the FCC chapter of Mandate for Leadership, Commissioner Brendan Carr writes that “TikTok poses a serious and unacceptable risk to America’s national security” and that if the current administration fails to act, “a new Administration should ban the application”. Indeed, Project 2025 explicitly advises that a conservative President should ban TikTok unless it is completely divested from Chinese control. President Trump attempted a ban in 2020; now, in 2025, EO 14258 suggests that the ban is in process (the existence of an “enforcement delay” implies an initial ban order has been signed, and this EO extends its effective date). By granting a bit more time for TikTok to comply or for an alternative remedy to be found, the administration might be strengthening its legal position – but the commitment to eventually enforce the ban is clear. This is aligned with Project 2025’s guidance that Chinese apps like TikTok must be addressed decisively. Project 2025’s technology policy calls for mitigating threats from Beijing’s influence operations, and TikTok is cited as a prime example. Thus, EO 14258, while procedural in nature, reinforces the Project 2025 objective of removing security risks from U.S. communications networks. It shows follow-through on Heritage’s recommendation not to let TikTok operate unchecked – even the delay extension serves the ultimate aim of banning the app in line with national security priorities.
By the authority vested in me as President by the Constitution and the laws of the United States of America, it is hereby ordered:
Section 1 . Extension. (a) The enforcement delay specified in section 2(a) of Executive Order 14166 of January 20, 2025 (Application of Protecting Americans from Foreign Adversary Controlled Applications Act to TikTok), is further extended until June 19, 2025. During this period, the Department of Justice shall take no action to enforce the Protecting Americans from Foreign Adversary Controlled Applications Act (the “Act”) (Public Law 118-50, Div. H) or impose any penalties against any entity for any noncompliance with the Act, including for distributing, maintaining, or updating (or enabling the distribution, maintenance, or updating) of any foreign adversary controlled application as defined in the Act. In light of this direction, even after the expiration of the above-specified period, the Department of Justice shall not take any action to enforce the Act or impose any penalties against any entity for any conduct that occurred during the above-specified period or any period prior to the issuance of this order, including the period of time from January 19, 2025, to the date of this order.
(b) The Attorney General shall take all appropriate action to issue written guidance to implement the provisions of subsection (a) of this section.
(c) The Attorney General shall further issue a letter to each provider stating that there has been no violation of the statute and that there is no liability for any conduct that occurred during the above-specified period, as well as for any conduct from the effective date of the Act until the date of this order.
(d) Because of the national security interests at stake and because section 2(d) of the Act vests authority for investigations and enforcement of the Act only in the Attorney General, attempted enforcement by the States or private parties represents an encroachment on the powers of the Executive. The Attorney General shall exercise all available authority to preserve and defend the Executive's exclusive authority to enforce the Act.
Sec. 2 . General Provisions. (a) Nothing in this order shall be construed to impair or otherwise affect:
(i) the authority granted by law to an executive department or agency, or the head thereof; or
(ii) the functions of the Director of the Office of Management and Budget relating to budgetary, administrative, or legislative proposals.
(b) This order shall be implemented consistent with applicable law and subject to the availability of appropriations.
(c) This order is not intended to, and does not, create any right or benefit, substantive or procedural, enforceable at law or in equity by any party against the United States, its departments, agencies, or entities, its officers, employees, or agents, or any other person.