Although TikTok’s suspension for US users was brief, the application remains absent from the Apple App Store. Here’s an explanation from one legal professional on why Apple hasn’t reinstated it yet.
Non-enforcement guarantee offers little assurance in TikTok App Store situation
If TikTok is already installed on your iPhone, you can still use the app following its temporary blackout over the weekend.
However, those who haven’t downloaded it yet currently have no means to obtain the app in the US.
Apple has taken it off the App Store due to its necessity “to comply with the laws in the areas where it operates.”
Former President Trump has promised tech firms that the law banning TikTok would not be enforced, which prompted US host Oracle to restore functionality on Sunday.
Nevertheless, a legal expert outlines why Apple should refrain from mimicking this action by reinstating the app on the App Store.
Alan Z. Rozenshtein, writing for Lawfare:
The assurance of non-enforcement provides scant assurance. As mentioned earlier, courts seldom regard such promises as enforceable, even when offenders risk serious repercussions by relying on them. Trump could reverse his position at any moment or selectively act against companies that fall out of favor, and a future administration could, making use of the five-year statute of limitations, almost certainly be able to pursue infractions regardless of Trump’s current assurances.
To put it differently, Trump’s pledges may hold little weight in the future, particularly in a courtroom—and the financial repercussions for not complying could be significant, even for a company as large as Apple.
Rozenshtein’s comprehensive article elaborates on the background and precedent regarding courts ignoring non-enforcement assurances, and it’s highly recommended for those curious about Apple’s continual hesitance to reinstate TikTok.
What are your thoughts on Apple’s choice to exclude TikTok from the App Store? Share your opinion in the comments.
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