House passes bill that would lead to nationwide ban of TikTok

WASHINGTON, D.C. – The House on Wednesday passed a bill that would lead to a nationwide ban of the popular video app TikTok if its China-based owner doesn’t sell, as lawmakers acted on concerns that the company’s current ownership structure is a national security threat.

The bill, passed by a vote of 352-65, now goes to the Senate, whose prospects are unclear.

TikTok has over 150 million American users and is a wholly-owned subsidiary of Chinese technology firm ByteDance Ltd.

The lawmakers contend that ByteDance is accountable to the Chinese government, which could demand access to the data of TikTok’s consumers in the U.S. whenever it wants. The worry stems from a set of Chinese national security laws that compel organizations to assist with intelligence gathering.

Rep. Cathy McMorris Rodgers, R-Wash

“We have given TikTok a clear choice,” said Rep. Cathy McMorris Rodgers, R-Wash. “Separate from your parent company ByteDance, which is indebted to the CCP (the Chinese Communist Party), and remain operational in the United States, or side with the CCP and face the consequences. The choice is TikTok’s.”

House passage of the bill is only the first step. The Senate would also need to pass the measure to become law, and lawmakers indicated it would undergo a thorough review. Senate Majority Leader Chuck Schumer, D-N.Y., said he must consult with relevant committee chairs to determine the bill’s path.

President Joe Biden has said if Congress passes the measure, he will sign it.

The House vote is poised to open a new front in the long-running feud between lawmakers and the tech industry. Members of Congress have long been critical of tech platforms and their expansive influence, often clashing with executives over industry practices. But by targeting TikTok, lawmakers are singling out a platform popular with millions of people, many of whom skew younger, just months before an election.

Opposition to the bill was also bipartisan. Some Republicans said the U.S. should warn consumers if there are data privacy and propaganda concerns. At the same time, some Democrats voiced concerns about the impact a ban would have on its millions of users in the U.S., many of whom are entrepreneurs and business owners.

Rep. Tom McClintock, R-Calif

“The answer to authoritarianism is not more authoritarianism,” said Rep. Tom McClintock, R-Calif. “The answer to CCP-style propaganda is not CCP-style oppression. Let us slow down before we blunder down this very steep and slippery slope.”

Ahead of the House vote, a top national security official in the Biden administration held a closed-door briefing Tuesday with lawmakers to discuss TikTok and the national security implications. Lawmakers are balancing those security concerns against a desire not to limit free speech online.

Rep. Mike Gallagher, the bill’s author

“What we’ve tried to do here is be very thoughtful and deliberate about the need to force a divestiture of TikTok without granting any authority to the executive branch to regulate content or go after any American company,” said Rep. Mike Gallagher, the bill’s author, as he emerged from the briefing.

TikTok has long denied that it could be used as a tool of the Chinese government. The company has said it has never shared U.S. user data with Chinese authorities and won’t do so if it is asked. To date, the U.S. government has not provided evidence that TikTok shared such information with Chinese authorities. The platform has about 170 million users in the U.S.

The security briefing seemed to change few minds, instead solidifying the views of both sides.

Rep. Nick LaLota, R-N.Y

“We have a national security obligation to prevent America’s most strategic adversary from being so involved in our lives,” said Rep. Nick LaLota, R-N.Y.

But Rep. Robert Garcia, D-Calif., said no information that convinces him TikTok is a national security threat has been shared with him. “My opinion, leaving that briefing, has not changed at all,” he said.

Rep. Robert Garcia, D-Calif

“This idea that we’re going to ban, essentially, entrepreneurs, small business owners, the main way how young people actually communicate with each other is to me insane,” Garcia said.

“Not a single thing we heard in today’s classified briefing was unique to TikTok. It was things that happen on every social media platform,” said Rep. Sara Jacobs, D-Calif.

Rep. Sara Jacobs, D-Calif.

Republican leaders moved quickly to bring up the bill after its introduction last week. A House committee approved the legislation unanimously, on a 50-vote vote, even after their offices were inundated with calls from TikTok users demanding they drop the effort. Some offices even shut off their phones because of the onslaught.

Lawmakers in both parties are anxious to confront China on various issues. The House formed a special committee to focus on China-related topics. Schumer also directed committee chairs to begin working with Republicans on a bipartisan China competition bill.

Senators are openly accepting the bill but suggested they don’t want to rush ahead.

Sen. Ron Wyden, D-Ore

“It is not for me a redeeming quality that you’re moving very fast in technology because history shows you make a lot of mistakes,” said Sen. Ron Wyden, D-Ore.

Information: Associated Press