The US Senate has passed legislation that could force TikTok’s Chinese parent company, ByteDance, to sell the social media platform or face a ban. The legislation, included as part of a larger US$95 billion package providing foreign aid to Ukraine and Israel, passed 79-18 and now goes to President Joe Biden for his signature.
The legislation comes amidst long-held bipartisan fears in Washington 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 US user data or influence Americans by suppressing or promoting certain content on TikTok.
The revised legislation extends the deadline for ByteDance to sell TikTok from six months to nine months, with a possible three-month extension if a sale is in progress. The bill also bars the company from controlling TikTok’s algorithm, which feeds users videos based on their interests and has made the platform a trendsetting phenomenon.
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. The foreign aid package includes a provision that makes it illegal for data brokers to sell or rent “personally identifiable sensitive data” to North Korea, China, Russia, Iran, or entities in those countries. However, the provision has faced pushback from the American Civil Liberties Union (ACLU), which says the language is written too broadly and could sweep in journalists and others who publish personal information.
Many opponents of the TikTok measure argue that the best way to protect US consumers is through implementing a comprehensive federal data privacy law that targets all companies regardless of their origin. They also note that the US has not provided public evidence that shows TikTok sharing US user information with Chinese authorities or that Chinese officials have ever tinkered with its algorithm.
TikTok has long denied being a security threat and is preparing a lawsuit to block the legislation. 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.
Meanwhile, TikTok content creators who rely on the app have been trying to make their voices heard. Earlier Tuesday, some creators congregated in front of 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.
The passage of the legislation marks a significant development in the ongoing saga over TikTok’s ownership and potential national security risks. The bill now goes to President Biden for his signature, and legal challenges and disruptions to the TikTok community are expected in the coming months.
