United States of America: Enforcement of Protecting Americans from Foreign Adversary Controlled Applications Act (HR 8038) paused by executive order

On 20 January 2025, the enforcement of the Protecting Americans from Foreign Adversary Controlled Applications Act (HR 8038) was paused by executive order. The order acknowledges the Act's prohibitions on distributing, maintaining, or updating TikTok within the United States, which became effective on 19 January 2025. To allow for a thorough assessment of the national security and foreign policy implications, the President has instructed the Attorney General to pause enforcement of the Act for 75 days. During this period, the Department of Justice will not take any action to enforce the Act or impose penalties for noncompliance. The Attorney General is also directed to issue written guidance and letters to providers, confirming that there has been no violation of the statute and no liability for conduct during the specified period. Additionally, the Attorney General is tasked with defending the Executive's exclusive authority to enforce the Act, preventing any enforcement attempts by States or private parties.