The Senate has passed legislation that would force TikTok’s China-based parent company, ByteDance, to sell the social media platform within nine months or face a ban. The bill, which was included as part of a larger $95 billion foreign aid package to Ukraine and Israel, passed by a vote of 79-18. President Joe Biden has indicated that he will sign the bill into law.
The move is the culmination of long-held bipartisan fears over Chinese threats and the ownership of TikTok, which is used by 170 million Americans. Lawmakers and administration officials have expressed concerns that Chinese authorities could force ByteDance to hand over U.S. user data or influence Americans by suppressing or promoting certain content on TikTok.
“Congress is not acting to punish ByteDance, TikTok or any other individual company,” said Senate Commerce Committee Chairwoman Maria Cantwell. “Congress is acting to prevent foreign adversaries from conducting espionage, surveillance, maligned operations, harming vulnerable Americans, our servicemen and women, and our U.S. government personnel.”
Opponents of the bill argue that the Chinese government could easily get information on Americans in other ways, including through commercial data brokers that traffic in personal information. They also argue that the bill could have negative effects on free speech, doesn’t do enough to protect consumer privacy, and could potentially be abused by a future administration to violate First Amendment rights.
“Banning TikTok would be an extraordinary step that requires extraordinary justification,” said Becca Branum, a deputy director at the Washington-based Center for Democracy & Technology, which advocates for digital rights. “Extending the divestiture deadline neither justifies the urgency of the threat to the public nor addresses the legislation’s fundamental constitutional flaws.”
TikTok has denied being a security threat and has indicated that it is preparing a lawsuit to block the legislation. The company has had some success with court challenges in the past, but it has never sought to prevent federal legislation from going into effect.
Content creators who rely on TikTok have been speaking out against the bill, arguing that it would harm their livelihoods and stifle creativity on the platform.
The passage of the bill is a significant development in the ongoing debate over data privacy and the role of foreign companies in the U.S. tech landscape. It remains to be seen what the ultimate outcome will be, but the legislation is sure to face legal challenges and could have a major impact on TikTok and its users.
