Justice Department says current US version of TikTok exempt from federal device ban

The US Justice Department this week concluded that the law requiring TikTok’s removal from government devices no longer applies to the app’s current US version.

The legal opinion came six months after TikTok’s US operations were transferred to a group of ventures, the majority of whom are American, while Beijing-based ByteDance retained a 19.9% stake.

TikTok has faced years of scrutiny in the US over national security concerns, putting the platform at risk of a nationwide ban.

In late 2022, Congress passed bipartisan legislation requiring executive branch agencies to remove TikTok from federal devices. The law also applied to “any successor application or service developed or provided by ByteDance Limited or an entity owned by ByteDance Limited,” according to ABC News.

On Thursday, the Justice Department’s Office of Legal Counsel said in a 12-page opinion addressed to the deputy counsel to the president that the law no longer applies to the current US version of TikTok.

“Congress banned only the version of TikTok that shares the same problematic ownership features,” the office said in the opinion.

Despite the opinion, federal agencies may still prohibit the app on government devices for workforce management reasons, including productivity.

The restrictions were originally imposed over national security concerns that sensitive government information could be accessed by Chinese entities through the app.

In 2024, Congress passed legislation that would have effectively banned TikTok nationwide unless ByteDance divested its US operations. One day before the law was due to take effect, President Donald Trump directed the Justice Department not to enforce it, saying his administration was working on a deal.

That deal was finalized in January, when a group of mostly US investors acquired a majority stake in TikTok’s US operations, while ByteDance retained a 19.9% stake.