A measure banning TikTok is passed by the Senate and sent to President Biden’s desk
The Senate passed a foreign assistance package that included a provision that would require China-based business ByteDance to sell TikTok or face the site being banned in the US. The bill is almost expected to become law.
The proposal is now headed to President Joe Biden, who has already promised to sign it into law should it pass both chambers of Congress. On Saturday, the House passed the TikTok measure together with the foreign aid package.
ByteDance would have up to a year to finish selling TikTok after the president signed the agreement, after which the site would be effectively banned in the US. The bill grants ByteDance a nine-month initial term, with the president having the option to extend it for an additional three in the event that negotiations result in a settlement. Legal challenges, however, may cause a delay in enforcement.
The House, which has now voted twice to approve the TikTok law, pulled together a successful Senate vote through deft political maneuvering. The first time the plan was introduced as a stand-alone bill with a six-month divestiture period, House legislators overwhelmingly approved it. Important Senate leaders, however, remained reticent about its continued existence in that body.
The House essentially compelled the Senate to address the TikTok issue earlier than they may have otherwise by including it in the high-priority foreign aid bill. In the Senate, extending the deadline for a deal to be reached also garnered greater support. The bill was approved 79–18.
Lawmakers and intelligence officials worry that the data of TikTok’s US users may be at risk due to the firm’s ownership by a Chinese company. This is mostly because of a national security statute in China that has the authority to force domestic businesses to provide confidential information. The company TikTok, which has its headquarters in Singapore, claims not to retain US data in China. Legislators have expressed concern that TikTok’s effort to get users to phone Congress to oppose the measure has merely confirmed their suspicions that the Chinese government may control the messaging that US users view.
Prior to the vote, Senate Commerce Committee Chair Maria Cantwell (D-WA) stated on the Senate floor, “Congress is not acting to punish ByteDance, TikTok, or any other individual company.” “Congress is taking action to stop foreign enemies from harming our servicemen and women, vulnerable Americans, and U.S. government personnel through espionage, surveillance, and maligned operations.”
Senate Intelligence Committee Chair Mark Warner (D-VA) stated, “The truth is, these Chinese companies ultimately owe their obligation to the PRC government—not to their customers or shareholders.” “It’s not difficult to imagine how a platform that supports so much trade, political discourse, and social debate could be covertly manipulated to serve the goals of an authoritarian regime, one with a long track record of censorship, transnational repression, and promotion of disinformation,” given the context of social media platforms used by nearly half of Americans.
Warner went on to say that Project Texas, TikTok’s previous suggested remedy for issues with its data governance, was insufficient. “TikTok’s algorithm, source code, and development activities would still be allowed to remain in China under Project Texas,” Warner stated. “They would stay that way, controlled by ByteDance and exploited by the Chinese government.”
However, he also addressed the worries of numerous young Americans who use TikTok and think that the legislation will make them disappear. Warner declared, “I want to be clear to all Americans that this is not an attempt to take away your voice.” “There’s good reason for skepticism among many Americans, especially among the youth. Ultimately, they have not witnessed what Congress has witnessed. They haven’t attended the confidential briefings that Congress has conducted, whereby some of the concerns posed by foreign control of TikTok have been discussed in greater detail.
Warner added, “But beyond this bill, they have witnessed Congress’s inability to enact significant consumer protections on big tech, and they may cynically view this as a diversion, or worse, a concession to U.S. social media platforms.” “We hear your concerns, young Americans. Let me say that. We also hope that TikTok will survive under new ownership, whether it is American or not.
President Biden declared in an official statement shortly after the Senate passed the bill, “I will sign this into law and address the American people as soon as it reaches my desk tomorrow so we can begin sending weapons and equipment to Ukraine this week.”
Bloomberg claims that TikTok had informed staff members that the company would file a legal challenge if the law was passed.