By KEVIN FREKING (Associated Press)
WASHINGTON (AP) — On Wednesday, the House passed a bill that could lead to banning the popular video app TikTok nationwide if its China-based owner doesn’t sell. Lawmakers are worried about the company’s current ownership structure posing a national security threat.
The bill, passed with a 352-65 vote, now heads to the Senate, whose stance on it is uncertain.
TikTok, with over 150 million American users, is a fully owned subsidiary of Chinese tech company ByteDance Ltd.
Lawmakers argue that ByteDance is tied to the Chinese government, which could demand access to TikTok user data in the U.S. at any time. Their concern stems from Chinese national security laws that require organizations to assist with intelligence gathering.
Rep. Cathy McMorris Rodgers, R-Wash., stated, “We have given TikTok a clear choice. Separate from your parent company ByteDance, which is tied to the CCP (the Chinese Communist Party), and remain operational in the United States, or side with the CCP and face the consequences. The choice is TikTok’s.”
The House's passing of the bill is just the initial step. The Senate would also have to pass it for it to become law, and senators indicated that it would undergo a thorough review. Senate Majority Leader Chuck Schumer, D-N.Y., mentioned that he’ll need to consult relevant committee chairs to ascertain the bill’s path.
President Joe Biden has stated that if Congress passes the measure, he will sign it.
The House vote is set to open a new front in the ongoing dispute between lawmakers and the tech industry. Congress members have long been critical of tech platforms and their significant influence, often clashing with executives over industry practices. By targeting TikTok, lawmakers are singling out a platform popular with millions of people, many of whom are younger, just months before an election.
There was bipartisan opposition to the bill. Some Republicans advocated for warning consumers if there are concerns about data privacy and propaganda, while some Democrats voiced concerns about the impact a ban would have on its millions of U.S. users, many of whom are entrepreneurs and business owners.
Rep. Tom McClintock, R-Calif., said, “The answer to authoritarianism is not more authoritarianism. The answer to CCP-style propaganda is not CCP-style oppression. Let us slow down before we blunder down this very steep and slippery slope.”
Prior to the House vote, a top national security official in the Biden administration held a closed-door briefing Tuesday with lawmakers to discuss TikTok and the national security implications. Lawmakers are balancing those security concerns against a desire not to limit free speech online.
Rep. Mike Gallagher, the bill’s author, said, “What we’ve tried to do here is be very thoughtful and deliberate about the need to force a divestiture of TikTok without granting any authority to the executive branch to regulate content or go after any American company,” as he emerged from the briefing.
TikTok has consistently denied being used as a tool of the Chinese government. The company stated that it has never shared U.S. user data with Chinese authorities and will not do so if asked. So far, the U.S. government hasn't provided any evidence that proves TikTok shared such information with Chinese authorities. The platform has approximately 170 million users in the U.S.
The security briefing did not change many opinions, but instead reinforced the views of both sides.
Rep. Nick LaLota, R-N.Y., said, “We have a national security duty to stop America’s most strategic adversary from being so involved in our lives.”
Rep. Robert Garcia, D-Calif., stated that he has not been presented with any information that convinces him TikTok is a national security threat. He said, “My opinion has not changed at all after that briefing.”
Garcia stated, “The idea that we are going to ban entrepreneurs, small business owners, the main way how young people communicate with each other is crazy to me.”
Rep. Sara Jacobs, D-Calif., said, “Not a single thing we heard in today’s classified briefing was specific to TikTok. It was similar to things that happen on every social media platform.”
Republican leaders have swiftly moved to advance the bill after its introduction last week. A House committee approved the legislation unanimously, with a 50-vote, despite their offices being overwhelmed with calls from TikTok users demanding they abandon the effort. Some offices even shut off their phones because of the onslaught.
Lawmakers from both parties are eager to address China on a variety of issues. The House established a special committee to focus on China-related matters. And Schumer instructed committee chairs to begin collaborating with Republicans on a bipartisan China competition bill.
Senators are open to the bill but indicated they don’t want to rush ahead.
Sen. Ron Wyden, D-Ore., said, “It is not a positive trait for me that you’re moving very fast in technology because history shows you make a lot of mistakes.”
In pushing ahead with the legislation, House Republicans are also creating a rare difference between themselves and former President Donald Trump as he seeks another term in the White House.
Trump has expressed opposition to the effort, stating that he still believes TikTok poses a national security risk but is against banning the very popular app as it would benefit its competitor, Facebook, which he continues to criticize over his 2020 election loss.
As president, Trump tried to ban TikTok through an executive order that considered the spread of mobile applications developed and owned by companies in China a threat to the national security, foreign policy, and economy of the U.S. The courts, however, blocked the action after TikTok sued, arguing that such actions would violate free speech and due process rights.
