Congress goes closer to forcing TikTok to be sold or risk a US ban: what comes next?

The House passed a foreign aid package worth $95 billion on Saturday. One of the key provisions of this package is the legislation to compel the Chinese parent company, ByteDance, to sell TikTok.

If the measure becomes law and the sale does not happen within a year, TikTok would be banned in the U.S. due to concerns over data-sharing and foreign influence, which TikTok claims are groundless.

So, what comes next in the effort to divest or ban the immensely popular social media platform in the United States?

The future in the Senate and beyond

The foreign aid package is set to be taken up by the Senate next week, with the proceedings scheduled to begin on Tuesday. This timeline puts the package on course to be passed by the middle of the week.

Lawmakers from both sides of the political spectrum have come together in a united front to push for the divestment or ban of TikTok. Their concerns stem from the belief that the popular social media platform could potentially collect user data from Americans and share it with the Chinese government. Moreover, there are fears that TikTok could be utilized as a tool to propagate Chinese propaganda. The campaign has garnered widespread support, highlighting the bipartisan nature of this issue.

House Speaker Mike Johnson praised the sell-or-ban bill that was previously approved by the House in March. He emphasized that the bill showcases Congress’ firm stance against Communist China’s efforts to spy on and manipulate American citizens. It also serves as a clear message to our adversaries that we are determined to thwart their malicious activities.

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Supporters of divestment also point out that China already imposes restrictions on popular American platforms such as YouTube in their country.

TikTok has extensively defended its data management, emphasizing that U.S. user traffic goes through a third party located within the U.S. Furthermore, the company has implemented additional oversight protections to ensure data security.

According to TikTok, ByteDance is not owned or controlled by any government or state entity. However, some skeptics argue that ByteDance could potentially be compelled to comply with the Chinese government under Chinese law.

Critics on Capitol Hill may express their concerns about the push against TikTok; however, the legislation to divest or ban the platform is steadily gaining momentum. The White House has confirmed that President Joe Biden is willing to sign the earlier version of the bill.

High-profile Democrats, including Senate Commerce Committee Chair Maria Cantwell of Washington, have also expressed their support for the TikTok provision.

Cantwell initially posed a challenge to the House’s earlier bill aimed at compelling a sale or prohibition of TikTok. The bill passed in March but faced a roadblock in the Senate. However, Cantwell has now changed her stance. She expressed her support last week, highlighting that House Republicans managed to win her over by making amendments to the legislation. One significant change was extending the deadline for ByteDance to sell the app. Instead of the initial six-month timeframe, the new requirement would grant them a year after the law takes effect.

Lawmakers from both sides of the aisle have emphasized the need for immediate action on the additional funding for Ukraine and Israel. Although there is a possibility that the TikTok measure might be removed from the foreign aid legislation in the Senate, it would require the entire package to be sent back to the House for another vote.

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According to a source, the app is actively engaged in educating lawmakers. The company has been proactive in influencing lawmakers, although their current strategy remains uncertain.

TikTok expressed disappointment in the House of Representatives’ decision to pursue divestment once again. The platform criticized the approach, stating that it is using important foreign and humanitarian assistance as a pretext to push through a ban bill. TikTok argued that such a bill would infringe upon the free speech rights of 170 million Americans, harm 7 million businesses, and force the closure of a platform that annually contributes $24 billion to the U.S. economy.

It is highly probable that TikTok will take legal action to prevent the divestment legislation from being implemented within the one-year timeframe for the sale.

According to Rep. Ro Khanna, a progressive Democrat from California, he did not support the legislation in the House. During an appearance on ABC News’ “This Week,” he expressed his doubts about the bill’s ability to pass First Amendment scrutiny in the courts. He believes that there are other, less restrictive alternatives that can be considered.

What would China do?

Users are already well-acquainted with the algorithm’s remarkable success, even if they are not aware that it is the very essence that enables the app to provide them with an endless feed of videos tailored to their interests. Selling TikTok without this technology would be akin to selling a car without its engine.

What are TikTokers saying?

A recent open letter to President Joe Biden, signed by over 30 creators, warns him that taking action against the app would be a grave mistake. The letter emphasizes that such action could potentially alienate young voters, especially in this election year.

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A different set of TikTok creators has organized a gathering outside the Capitol scheduled for Tuesday.

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