TikTok is preparing to roll out a separate version of its app exclusively for users in the United States. The move comes as part of an effort to comply with a federal law banning TikTok over national security concerns tied to its Chinese ownership.
According to a report by The Information, TikTok plans to launch this new version, internally dubbed “M2,” on September 5. It will be distinct from the global app, owned and operated by ByteDance, and will be sold to a group of American investors.
The plan would split TikTok into two apps: the original version controlled by China, and a U.S.-only fork owned by a domestic company. Only the U.S. version would be available in American app stores. This arrangement appears to be a workaround to keep the app alive in the U.S. market without violating the law banning foreign-controlled apps considered national security threats.
Backroom Deals and Legal Uncertainty
The development follows a series of questionable executive actions from former President Donald Trump, who extended TikTok’s grace period several times through executive orders. Those orders paused enforcement of the ban despite the law being in effect since January 19. The Department of Justice backed those orders by issuing letters to Apple, Google, and other tech firms, guaranteeing immunity for providing services to TikTok during the suspension period.
One such letter to Apple, obtained through a FOIA lawsuit filed by Google shareholder Tony Tan, stated: “Apple Inc. has committed no violation of the Act… and may continue to provide services to TikTok… without incurring any legal liability.” The DOJ claimed this assurance was grounded in presidential authority over national security. Legal experts, however, dispute that justification.
In a New York Times interview, University of Minnesota law professor Alan Rozenshtein called Trump’s actions “breathtaking,” adding that the Constitution does not give the president power to ignore laws passed by Congress. Zachary Price, a law professor at UC Hastings, said Trump’s move “nukes the whole statute,” rather than making targeted adjustments.
Jack Goldsmith of Harvard Law pointed out that no recent president has gone this far in overriding a law by fiat. The Supreme Court had already upheld the ban in January. Despite that, Trump’s administration chose to delay enforcement, and the DOJ backed down from pursuing any violations.
Shareholder Lawsuit May Bring Reckoning
Tony Tan’s lawsuit against Alphabet accuses the company of restoring TikTok in the App Store without a legal basis. He argues that compliance with Trump’s order puts shareholders at financial risk if a future administration reverses course. His legal challenge seeks board records detailing the rationale behind the decision to follow the DOJ’s guidance.
As of now, the forked version of TikTok for U.S. users remains on track for a September launch. But the legal foundation it stands on looks increasingly unstable.
