On Wednesday, March 13, the US House of Representatives approved a bill, the Protecting Americans from Foreign Adversary Controlled Applications Act, that has the potential to instigate a nationwide ban on TikTok, a globally renowned social media platform.
Here's what you need to know about the vote and what may happen next:
Who voted for the bill?
The bill received support from a significant majority in the House, with a vote of 352 to 65. Among those who opposed it were 50 Democrats and 15 Republicans. Remarkably, the measure garnered unanimous approval from the influential House Energy and Commerce Committee, showcasing a rare display of bipartisanship. President Joe Biden has expressed his intention to sign the bill should it reach his desk.
Why was the bill passed?
The bill garnered significant bipartisan support among lawmakers due to concerns regarding national security implications associated with TikTok. Advocates of the bill have highlighted the potential threat posed by TikTok, mentioning the possibility of exploitation by the Chinese government. They argue that Chinese intelligence laws could compel TikTok's parent company, ByteDance, to surrender user data of American app users, thus compromising the privacy and security of individuals within the United States. This apprehension over data privacy and the potential misuse of user information has been a driving force behind the push for regulatory measures aimed at safeguarding national interests. It also brings comedic moments during congressional hearings, like this one, where Tom Cotton (Republican senator from Arkansas) is questioning (grilling) the CEO of TikTok.
What would the legislation do?
The House-passed bill mandates that applications determined to be under the control of a foreign adversary, such as ByteDance and TikTok, must be divested within a 180-day timeframe. Specifically targeting ByteDance and TikTok, this divestment process could entail transferring ownership to a U.S.-based entity, albeit the precise criteria for a "qualified divestiture" would be defined by the U.S. president. The bill establishes a framework for the president to designate certain social media applications as "subject to the control of a foreign adversary," potentially extending the scope beyond TikTok. Should the bill be enacted into law and ByteDance decline to sell, U.S.-based app stores and web-hosting services would be prohibited from distributing TikTok to the public.
While the bill has passed through the House of Representatives, the US legislative system is not that simple, as the bill needs to pass through the Senate before reaching the desk of the President. The President has made his decision very clear, saying to reporters that, “If they pass it, I’ll sign it,” (NBC 2024) referring to the Senate. However, the challenge to pass the bill lies in the Senate, where it faces an uncertain future as there is less urgency to act and senators have different ideas on how to address the supposed national security risk posed by TikTok.
Senator John Cornyn, a Republican from Texas, emphasized the necessity of addressing TikTok due to its ties to China's parent company. He expressed his concerns before the House vote, stating, "I certainly think it is a threat because under existing Chinese law, any information collected by a Chinese company must be shared with the Chinese Communist Party. It's well-documented that one of Communist China's strategies is to gather extensive data and utilize artificial intelligence for mass surveillance and beyond."
Cornyn also noted the Senate's comparatively slower pace of action, stating, “We do things slowly over here, and this takes time.” Given that breaking a filibuster in the chamber necessitates 60 votes, senators hold a spectrum of concerns. While many acknowledge the urgent national security risks posed by TikTok and are open to supporting the House bill, others advocate for a broader approach encompassing various foreign-controlled applications rather than singling out one company. Additionally, some senators express apprehension regarding retaliation from China against the United States.
All in all, the passage of the Protecting Americans from Foreign Adversary Controlled Applications Act by the US House of Representatives marks a significant step towards potential action against TikTok, a widely-used social media platform. The bipartisan support for the bill underscores lawmakers' concerns about national security risks associated with TikTok's ties to China and the potential misuse of user data. If enacted into law, the legislation would require divestment of applications deemed controlled by foreign adversaries within a specified timeframe, with TikTok being a primary target. However, the bill's fate hinges on the Senate, where differing viewpoints and the procedural hurdles of the legislative process pose challenges to its passage. Despite President Biden's expressed willingness to sign the bill, the path forward remains uncertain, highlighting the complexity of addressing the perceived threat posed by TikTok and similar platforms.
Works Cited
“Could the Latest TikTok ‘Ban’ Pass Constitutional Muster?” Cato Institute, 12 Mar. 2024, www.cato.org/blog/could-latest-tiktok-ban-pass-constitutional-muster. Accessed 15 Mar. 2024.
Kapur, Sahil, et al. “TikTok Ban’s Fate Is Uncertain in the Senate, Where There Is Less Urgency to Act.” NBC News, NBC News, 13 Mar. 2024, www.nbcnews.com/politics/congress/tiktok-bans-fate-uncertain-senate-less-urgency-act-rcna143162. Accessed 15 Mar. 2024.
Wong, Scott, et al. “House Passes Bill That Could Ban TikTok in the U.S., Sending It to the Senate.” NBC News, NBC News, 13 Mar. 2024, www.nbcnews.com/politics/congress/house-likely-pass-bill-ban-tiktok-sending-senate-rcna142797. Accessed 15 Mar. 2024.
“House Passes Bill to Force TikTok Sale from Chinese Owner or Ban the App.” The New York Times, 2024, www.nytimes.com/2024/03/13/technology/tiktok-ban-house-vote.html. Accessed 15 Mar. 2024.
FREKING, KEVIN, et al. “House Passes TikTok Ban Bill, but Its Senate Path Unclear.” AP News, AP News, 13 Mar. 2024, apnews.com/article/tiktok-ban-house-vote-china-national-security-8fa7258fae1a4902d344c9d978d58a37. Accessed 15 Mar. 2024.
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