Joe Swain
This Essay addresses the legality of the Trump administration’s TikTok app store ban. The ban restricted individual or corporate transactions with TikTok in the United States, effectively banning its continued use in the country by restricting its access to revenue. This Essay analyzes the application of the International Emergency Economic Powers Act (IEEPA) to the Trump administration’s actions and explores the resulting case which was decided by the D.C. Circuit. Although the United States District Court for the District of Columbia ruled that the IEEPA is restricted from applying to the Chinese platform, it incorrectly interpreted the meaning of “communications” as it applies to social media. This Essay argues that the TikTok app is not a form of transmission and that personal communication would not be affected by the ban. Although there may be reasons not to ban the TikTok app, the Trump administration’s sanctions did not violate the IEEPA. With the election of President Biden, the sanctions were repealed and replaced with an overarching policy directed at creating rules for apps that created national security concerns. As future administrations will have to address similar concerns in the evolving internet landscape, it is important to examine how presidents can impose sanctions without violating the IEEPA, and what policies they should pursue in deciding whether to do so.