Although TikTok’s brief suspension for U.S. users has ended, the app remains unavailable for download on the iPhone’s App Store. Here’s why one attorney argues that Apple is not yet able to reinstate it.
Non-enforcement guarantee won’t provide much assurance in TikTok App Store decision
If you already have TikTok installed on your iPhone, it is currently functional after a brief outage that occurred late Saturday into Sunday in the U.S.
However, for those who haven’t downloaded it yet, there is no option to obtain the app in the U.S. at this time.
Apple has taken it off the App Store due to its responsibility “to adhere to the laws in the areas where it operates.”
Former President Trump has reassured technology firms that the law prohibiting TikTok would not be enforced, which allowed U.S. host Oracle to restore services on Sunday.
Nevertheless, one legal expert elaborates on reasons why Apple should refrain from reinstating the app on the App Store.
Alan Z. Rozenshtein, writing for Lawfare:
The non-enforcement assurance provides minimal protection. As noted earlier, courts frequently do not view such promises as binding, even when defendants endure significant repercussions from depending on them. Trump could alter his position at any moment or enforce selectively against companies that fall out of favor politically, and a subsequent administration, using the five-year statute of limitations, would almost certainly be able to pursue violations irrespective of Trump’s viewpoint.
In essence, Trump’s current assurances might hold little weight later, particularly in a courtroom—and the financial risks tied to non-enforcement could be significant, even for a company of Apple’s caliber.
Rozenshtein’s comprehensive article delves into the context and historical context behind non-enforcement guarantees often being overlooked in legal settings, making it a valuable read if you’re curious about why Apple has yet to restore TikTok.
What are your thoughts on Apple’s choice not to include TikTok in the App Store? Share your views in the comments.
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