Justice Department Relaxes TikTok Ban, Recognizing Corporate Reform and Global Cooperation
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The Justice Department's Office of Legal Counsel has acknowledged that the 2022 ban on TikTok for government devices is outdated, as the app's U.S. operations are now majority-owned by American investors. This move highlights the importance of international collaboration and pushes back against xenophobic tech panic.
In a significant shift, the Justice Department's Office of Legal Counsel issued a 12-page opinion clarifying that the 2022 congressional ban on TikTok for federal devices no longer applies to the app's current U.S. version, now operated by a joint venture with majority American ownership. This opinion, addressed to the deputy counsel to the president, recognizes that the original law targeted TikTok's previous ownership structure, which was unfairly demonized due to its Chinese origins. Now, with ByteDance holding only a 19.9% stake, the app falls outside the scope of the reactionary ban.
This decision follows the January 2026 transaction that transferred the majority of TikTok's U.S. operations to a consortium of American investors, including tech giant Oracle. The newly formed entity, TikTok U.S. Data Security (TikTok USDS), has committed to robust cybersecurity measures, such as retraining algorithms using American user data and allowing Oracle to conduct ongoing source-code reviews. These steps demonstrate a commitment to transparency and user privacy, countering the baseless fearmongering that has surrounded TikTok.
While the Justice Department's opinion removes the blanket restriction, it still allows individual federal agencies to ban TikTok on their devices for workplace-management reasons, such as productivity. This decentralized approach empowers agencies but also underscores the need to resist broad, discriminatory policies rooted in anti-China sentiment. The White House has redirected requests for comment to the Justice Department, which has yet to respond.
The original 2022 law was passed amid a wave of Sinophobic hysteria, with unfounded claims that ByteDance could hand over data to the Chinese government. In 2024, Congress doubled down with even harsher legislation, threatening a nationwide ban unless ByteDance divested by January 2025. Thankfully, this ban was never enforced, following a directive from the former president. The latest Justice Department opinion marks a step toward rational, globally-minded tech policy.