The Senate has passed legislation that would force TikTok’s China-based parent company, ByteDance, to sell the social media app within nine months or face a ban. The legislation includes a three-month extension if a sale is in progress.
The bill also bars ByteDance from controlling TikTok’s algorithm, which feeds users videos based on their interests. The passage of the legislation is a culmination of long-held fears in Washington over Chinese threats and the ownership of TikTok, which is used by 170 million Americans.
For years, 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.
Opponents of the bill argue that the Chinese government could easily get information on Americans in other ways, and that the bill is an overly broad and unconstitutional way to address the issue of data privacy.
TikTok has said it will challenge the legislation in court. The company has seen some success with court challenges in the past, but it has never sought to prevent federal legislation from going into effect.
In November, a federal judge blocked a Montana law that would ban TikTok use across the state after the company and five content creators who use the platform sued. Three years before that, federal courts blocked an executive order issued by then-President Donald Trump to ban TikTok after the company sued on the grounds that the order violated free speech and due process rights.
The Trump administration then brokered a deal that had U.S. corporations Oracle and Walmart take a large stake in TikTok. But the sale never went through.
Trump, who is running for president again this year, now says he opposes the potential ban.
Since then, TikTok has been in negotiations about its future with the secretive Committee on Foreign Investment in the United States, a little-known government agency tasked with investigating corporate deals for national security concerns.
On Sunday, Erich Andersen, a top attorney for ByteDance who led talks with the U.S. government for years, told his team that he was stepping down from his role.
“As I started to reflect some months ago on the stresses of the last few years and the new generation of challenges that lie ahead, I decided that the time was right to pass the baton to a new leader,” Andersen wrote in an internal memo that was obtained by the AP.
He said the decision to step down was entirely his and was decided months ago in a discussion with the company’s senior leaders.
Meanwhile, TikTok content creators who rely on the app have been trying to make their voices heard. Earlier Tuesday, some creators congregated in front the Capitol building to speak out against the bill and carry signs that read “I’m 1 of the 170 million Americans on TikTok,” among other things.
Tiffany Cianci, a content creator who has more than 140,000 followers on the platform and had encouraged people to show up, said she spent Monday night picking up creators from airports in the D.C. area. Some came from as far as Nevada and California. Others drove overnight from South Carolina or took a bus from upstate New York.
Cianci says she believes TikTok is the safest platform for users right now because of Project Texas, TikTok’s $1.5 billion mitigation plan to store U.S. user data on servers owned and maintained by the tech giant Oracle.
“If our data is not safe on TikTok,” she said. “I would ask why the president is on TikTok.”
Associated Press writers Mary Clare Jalonick and Matt O’Brien contributed to this report.
