Key facts
- The Justice Department has stated federal employees can download TikTok on government devices.
- This decision reverses a 2022 ban citing national security concerns.
- The DOJ's opinion is based on ByteDance's transfer of U.S. user data and operations to a joint venture.
- The joint venture, TikTok USDS, will manage the app's U.S. user data, content, and algorithm.
- President Trump has chosen not to enforce a law that would have mandated ByteDance sell its U.S. assets.
The U.S. Justice Department has determined that federal employees can now download the short-video app TikTok on government devices, reversing a 2022 ban that was enacted due to national security concerns. The department's opinion, released on Friday, stated that the previous ban no longer applies following an agreement by TikTok's Chinese owner, ByteDance, to transfer control of the app's U.S. user data and operations to a joint venture, TikTok USDS, which was completed in January.
According to TikTok, the joint venture will retrain, test, and update the app's content recommendation algorithm using U.S. user data, with the algorithm to be secured within Oracle's U.S. cloud. Oracle is identified as one of the venture's three primary investors. The memorandum opinion, addressed to President Donald Trump, concluded that the current version of TikTok does not pose risks, allowing employees to download the app on official devices at their agency's discretion and in compliance with workplace policies.
The divestiture agreement stipulates that American and global investors will hold 80.1% of the venture, while ByteDance will retain a 19.9% ownership. The Justice Department noted that ByteDance's minority shareholder status in the operating joint venture makes no practical difference to the security assessment. President Trump recently opted not to enforce a law passed in April 2024 that would have required ByteDance to sell its U.S. assets by January or face a ban, a measure that had been upheld by the Supreme Court. ByteDance has stated that TikTok USDS Joint Venture LLC will safeguard U.S. user data, apps, and algorithms through robust data privacy and cybersecurity measures. Approximately 200 million Americans currently use TikTok.