The United States Senate has passed a comprehensive $95 billion national security package that includes a significant provision targeting the popular short-form video app TikTok. Tucked within this broader legislation is a piece of legislation that has been a subject of ongoing debate: a proposed ‘TikTok ban.’ The bill, officially titled the Protecting Americans from Foreign Adversary Controller Applications Act, does not outright ban TikTok; instead, it aims to force ByteDance, the Chinese company that owns TikTok, to divest its ownership of the app. The legislation, signed into law by President Joe Biden, grants ByteDance a nine-month window to sell TikTok. However, President Biden holds the authority to extend this deadline by an additional 90 days if necessary. Lawmakers pushing for this TikTok provision argue that ByteDance could potentially share TikTok user data with the Chinese government, citing a Chinese law that mandates companies to cooperate with national security requests if the country’s interests are deemed at risk. Despite the absence of substantial evidence suggesting TikTok has engaged in such practices, these concerns have prompted the government’s actions. With over 170 million active users in the United States, TikTok ranks among the most popular apps in the country. The Senate approved the bipartisan foreign aid package with a substantial 79-18 vote. This latest push to compel ByteDance to divest its ownership of TikTok follows a similar bill passed by the U.S. House of Representatives just a month prior. A separate bill, known as the RESTRICT Act, was introduced last year with the intention of restricting or banning TikTok but failed to garner sufficient support to advance beyond congressional hearings. In response to this latest legislative move, TikTok has indicated its intent to challenge the bill through legal means, as reported by The Information. The company has actively engaged in its own lobbying efforts in recent months, cautioning its users that their freedom of speech could be jeopardized if the bill were to become law. In March, TikTok sent push notifications to its U.S.-based users, urging them to contact their representatives and voice their opposition to a ‘total ban of TikTok.’ Thousands of TikTok users responded to this call to action, contacting House lawmakers. However, these efforts, coupled with TikTok CEO Shou Chew’s testimony before Congress, ultimately proved unsuccessful in swaying lawmakers. Despite the bill’s passage, TikTok will not face an immediate ban, and U.S. users will continue to have access to the app. Instead, the legislation prohibits companies with ties to foreign adversaries, such as China, from distributing apps through platforms like the Apple App Store. The U.S. government’s hope is that ByteDance will sell TikTok to a U.S.-based entity within the designated 270-day period, approximately nine months. President Biden retains the authority to extend this deadline by a maximum of 90 days. ByteDance has expressed strong resistance to the idea of selling its lucrative TikTok asset and has made it clear that it will contest the legislation in court. However, if all legal challenges fail and ByteDance refuses to relinquish ownership of TikTok, the app faces a potential ban for U.S. users. The bill outlines a substantial penalty for violating this provision: $5,000 multiplied by the number of U.S.-based users. This could result in a hefty fine of approximately $850 billion for ByteDance. Additionally, marketplaces such as the App Store could incur a fine of $500 for each U.S. user if they continue to host the app. The potential for legal challenges from TikTok could further complicate the timeline for implementing these measures. Notably, the nine-month window provided in the Senate-passed bill is longer than the six-month deadline included in the House-approved version, which had set a deadline prior to the upcoming midterm elections. According to a source cited by NBC News, the timing of the nine-month window was ‘conveniently addressed’ and may have been influenced by the desire to shield Congress and President Biden from potential voter backlash in November. Ironically, many U.S. lawmakers utilize TikTok as a platform to engage with younger voters.
US Senate Passes $95 Billion Security Package with ‘TikTok Ban’ Provision
