Per Curiam
actions and hefty monetary penalties. See §§2(d)(1)(A), (d)(2)(B).
The Act provides two means by which an application may be designated a “foreign adversary controlled application.” First, the Act expressly designates any application that is “operated, directly or indirectly,” by “ByteDance Ltd.” or “TikTok,” or any subsidiary or successor thereof. §2(g)(3)(A). Second, the Act establishes a general designation framework for any application that is both (1) operated by a “covered company” that is “controlled by a foreign adversary,” and (2) “determined by the President to present a significant threat to the national security of the United States,” following a public notice and reporting process. §2(g)(3)(B). In broad terms, the Act defines “covered company” to include a company that operates an application that enables users to generate, share, and view content and has more than 1,000,000 monthly active users. §2(g)(2)(A). The Act excludes from that definition a company that operates an application “whose primary purpose is to allow users to post product reviews, business reviews, or travel information and reviews.” §2(g)(2)(B).
The Act’s prohibitions take effect 270 days after an application is designated a foreign adversary controlled application. §2(a)(2). Because the Act itself designates applications operated by “ByteDance, Ltd.” and “TikTok,” prohibitions as to those applications take effect 270 days after the Act’s enactment—January 19, 2025.
The Act exempts a foreign adversary controlled application from the prohibitions if the application undergoes a “qualified divestiture.” §2(c)(1). A “qualified divestiture” is one that the President determines will result in the application “no longer being controlled by a foreign adversary.” §2(g)(6)(A). The President must further determine that the divestiture “precludes the establishment or maintenance of any operational relationship between the United States op-
