Per Curiam
Fed. Reg. 60061 (2020). But federal courts enjoined the prohibitions before they took effect, finding that they exceeded the Executive Branch’s authority under IEEPA. See generally TikTok Inc. v. Trump, 507 F. Supp. 3d 92 (DC 2020); Marland v. Trump, 498 F. Supp. 3d 624 (ED Pa. 2020).
Just days after issuing his initial Executive Order, President Trump ordered ByteDance Ltd. to divest all interests and rights in any property “used to enable or support ByteDance’s operation of the TikTok application in the United States,” along with “any data obtained or derived from” U. S. TikTok users. 85 Fed. Reg. 51297. ByteDance Ltd. and TikTok Inc. filed suit in the D. C. Circuit, challenging the constitutionality of the order. In February 2021, the D. C. Circuit placed the case in abeyance to permit the Biden administration to review the matter and to enable the parties to negotiate a non-divestiture remedy that would address the Government’s national security concerns. See Order in TikTok Inc. v. Committee on Foreign Investment, No. 20–1444 (CADC, Feb. 19, 2021).
Throughout 2021 and 2022, ByteDance Ltd. negotiated with Executive Branch officials to develop a national security agreement that would resolve those concerns. Executive Branch officials ultimately determined, however, that ByteDance Ltd.’s proposed agreement did not adequately “mitigate the risks posed to U. S. national security interests.” 2 App. 686. Negotiations stalled, and the parties never finalized an agreement.
2
Against this backdrop, Congress enacted the Protecting Americans from Foreign Adversary Controlled Applications Act. Pub. L. 118–50, div. H, 138 Stat. 955. The Act makes it unlawful for any entity to provide certain services to “distribute, maintain, or update” a “foreign adversary controlled application” in the United States. §2(a)(1). Entities that violate this prohibition are subject to civil enforcement
