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1 1 (June 22, 2023)

handle is hein.crs/govemaa0001 and id is 1 raw text is: \Congressional ______ R a esearch Service Restricting TikTok (Part I): Legal History and Background Updated June 22, 2023 The video-sharing platform TikTok has experienced a dramatic rise in users in the United States in recent years, while at the same time some Members of Congress and Biden Administration officials have described the application (app) as a national security threat. During the Trump Administration, concerns about TikTok's data security and connections to the People's Republic of China (PRC) led to the attempt to restrict the app's U.S. operations. In decisions that inform the current legislative debate, two federal district courts concluded that aspects of the restrictions were unlawful because they exceeded the President's statutory authority. Other elements of the Trump Administration's efforts are ongoing and have been continued by the Biden Administration. This Sidebar discusses these past executive branch-led efforts. A companion Sidebar examines current legislative proposals to restrict TikTok and constitutional and other legal considerations for Congress to consider when crafting legislation. Trump Administration Initiatives President Trump sought to leverage two legal frameworks to restrict TikTok's U.S. presence and operations: the International Emergency Economic Powers Act (IEEPA) and the legal authorities underpinning the Committee on Foreign Investment in the United States (CFIUS). IEEPA-Based Restrictions As discussed in this CRS Report, IEEPA authorizes the President to regulate a variety of commercial transactions and to block (i.e., freeze) foreign-owned property and assets subject to the jurisdiction of the United States. Before invoking these authorities, the President, following the procedures of the National Emergencies Act, must declare a national emergency related to an unusual and extraordinary threat, which has its source in whole or substantial part outside the United States. In 2019, President Trump laid the groundwork to invoke IEEPA by declaring a national emergency (2019 Emergency Declaration) based on foreign adversaries' ability to exploit vulnerabilities in the U.S. information and communication technology and services (ICTS) supply chain. In August 2020, the President issued an executive order (2020 Order), which invoked the President's IEEPA authority to restrict TikTok's U.S. operations in response to the ICTS emergency. Under authority delegated by the Congressional Research Service https://crsreports.congress.gov LSB10940 CRS Legal Sidebar Prepared for Members and Committees of Congress

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