The Senate has passed legislation demanding that TikTok’s parent company, ByteDance, based in China, sell off the popular short-form video platform under the threat of a ban. This contentious measure reflects long-standing concerns in Washington about the potential misuse of American user data and Chinese influence over TikTok’s algorithm.
The TikTok legislation was included as part of a larger $95 billion package providing foreign aid to Ukraine and Israel, passing with a vote of 79-18. It now heads to President Biden, who has expressed support for the TikTok proposal and indicated he will sign the package upon receipt.
The revised legislation extends the deadline for ByteDance to divest its stakes in TikTok, giving them nine months instead of the initial six, with a potential three-month extension if a sale is in progress. The bill also prohibits ByteDance from controlling TikTok’s algorithm, which personalizes the user experience and has contributed to the platform’s success.
The passage of the legislation culminates bipartisan fears over Chinese threats and the ownership of TikTok, used by 170 million Americans. Lawmakers and administration officials have raised concerns about the potential for Chinese authorities to force ByteDance to surrender U.S. user data or influence American content on TikTok.
However, opponents argue that the Chinese government could easily acquire information on Americans through alternative channels, such as commercial data brokers. The foreign aid package includes a provision prohibiting data brokers from selling or renting “personally identifiable sensitive data” to certain countries, including China. Nevertheless, this provision has faced criticism, with the American Civil Liberties Union expressing concerns about its broad language that could impact journalists and others who publish personal information.
Opponents of the TikTok measure contend that the most effective protection for U.S. consumers lies in implementing a comprehensive federal data privacy law applicable to all companies, regardless of their origin. They emphasize the lack of public evidence demonstrating TikTok’s sharing of U.S. user information with Chinese authorities or manipulation of its algorithm by Chinese officials.
China has previously voiced its opposition to a forced sale of TikTok and has indicated its disapproval in this instance. TikTok, which has consistently denied posing a security threat, is preparing a lawsuit to block the legislation.
TikTok has had some success in previous court challenges, but it has never attempted to prevent federal legislation from taking effect. In November, a federal judge blocked a Montana law banning TikTok use statewide after a lawsuit filed by the company and five content creators. Three years prior, federal courts blocked an executive order issued by then-President Donald Trump to ban TikTok after the company sued on grounds of violated free speech and due process rights. The Trump administration subsequently brokered a deal involving U.S. corporations Oracle and Walmart taking a large stake in TikTok, though the sale never materialized. Trump, who is running for president again this year, now opposes the potential ban.
Meanwhile, TikTok content creators reliant on the app have been actively advocating against the bill. On Tuesday, creators gathered in front of the Capitol building to express their opposition, carrying signs that read “I’m 1 of the 170 million Americans on TikTok.” Tiffany Cianci, a content creator with over 140,000 followers, encouraged people to attend the protest and stated that she spent the previous night picking up creators from airports across the D.C. area. Some attendees traveled from as far as Nevada and California, while others drove overnight from South Carolina or took a bus from upstate New York.
Cianci expressed her belief that TikTok is the safest platform for users currently due to Project Texas, TikTok’s $1.5 billion mitigation plan to store U.S. user data on servers owned and maintained by Oracle. She questioned the safety of user data if it were not on TikTok.
As negotiations continue regarding TikTok’s future, Erich Andersen, a top attorney for ByteDance who has led talks with the U.S. government for years, has announced his resignation. Andersen stated that he made the decision to step down several months ago after reflecting on the past few years’ challenges and the need for a new leader. He emphasized that his decision was entirely personal and had been discussed with the company’s senior leaders months prior.
