House poised to pass bill that could ban TikTok but faces uncertain path in Senate

By | March 13, 2024

WASHINGTON (AP) — A bill that could lead to the popular video app TikTok being banned in the United States is expected to pass the House on Wednesday as lawmakers take action over concerns that the company’s ownership structure is a threat to national security.

The bill would require Chinese firm ByteDance to divest TikTok and other apps it owns within six months of the bill’s entry into force, or those apps would be banned. Lawmakers claim that ByteDance is affiliated with the Chinese government and that the government can request access to the data of TikTok consumers in the United States at any time. The concern stems from a set of Chinese national security laws that force organizations to help gather intelligence.

Passing the bill through Parliament will only be the first step. The measure must also pass the Senate to become law, and lawmakers in that chamber have indicated it will undergo thorough review. Senate Majority Leader Chuck Schumer (DY) said he would need to consult with relevant committee chairs to determine the bill’s path.

President Joe Biden has said he would sign the legislation if Congress approves it.

The House vote is poised to open a new front in the long-running feud between lawmakers and the tech industry. Members of Congress have long been critical of tech platforms and their broad influence, often clashing with executives over industry practices. But lawmakers are targeting TikTok, highlighting a platform popular with millions of people, many of them young, just months before the election.

Ahead of the House vote, a senior national security official from the Biden administration held a closed briefing with lawmakers on Tuesday to discuss TikTok and the national security implications. Lawmakers are balancing these security concerns with a desire not to restrict free expression online.

“What we’re trying to do here is be very thoughtful and intentional about the need to push for a divestiture of TikTok without giving the executive branch the authority to regulate content or go after any American companies,” Rep. Mike Gallagher said. Bill’s author, as it emerged from the briefing.

TikTok has long denied that it could be used as a tool of the Chinese government. The company said it has never shared U.S. user data with Chinese authorities and would not do so if asked. To date, the US government has also not provided any evidence that TikTok shared such information with Chinese authorities. The platform has approximately 170 million users in the US

The security briefing appeared to change few minds, instead solidifying both sides’ views.

“We have a national security obligation to prevent America’s most strategic enemy from getting so involved in our lives,” said Rep. Nick LaLota, R-Y.

But D-Calif. His representative, Robert Garcia, said no information was shared with him that would convince him that TikTok was a national security threat. “As I leave this briefing, my opinion has not changed at all,” he said.

“The idea that we’re going to ban entrepreneurs, small business owners, young people from actually communicating with each other is crazy to me,” Garcia said.

“Not a single thing we heard in today’s classified briefing was specific to TikTok. These were things that were happening on every social media platform,” said Rep. Sara Jacobs, D-Calif.

Republican leaders moved quickly to introduce the bill after it was introduced last week. A House committee unanimously approved the legislation by 50 votes, even after its offices were inundated with calls from TikTok users demanding they abandon their efforts. Some offices even turned off their phones due to the attack.

Lawmakers in both parties are anxious to confront China on a range of issues. The House established a special committee to focus on China-related issues. And Schumer instructed committee chairmen to begin working with Republicans on a bipartisan China antitrust bill.

Senators clarified the bill but stated that they did not want to rush it.

“It’s not a saving grace to me that you’re advancing technology too quickly, because history shows you make a lot of mistakes,” said Sen. Ron Wyden, D-Ore.

House Republicans are advancing the legislation while also putting a rare daylight between them and former President Donald Trump, who is seeking another term in the White House.

Trump has voiced his opposition to the effort. He said Monday he still believes TikTok poses a national security risk but opposes banning the hugely popular app because doing so would help rival Facebook, which he continues to criticize for its 2020 election loss.

As president, Trump would monitor the “proliferation in the United States of mobile applications developed and owned by companies in the People’s Republic of China (China)” against “national security, foreign policy, and the U.S. economy.” However, courts blocked the action after TikTok filed a lawsuit, arguing that such actions would violate free speech and due process rights.

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