House Passes TikTok Crackdown with Potential Ban in the U.S.

The legislation targeting TikTok, which has been approved by the House in a bipartisan vote, is now set to move to the Senate.

The bill aims to address national security concerns related to TikTok’s China-based parent company, ByteDance. However, some senators have raised constitutional concerns, particularly regarding potential infringement on Americans’ free expression rights and the explicit targeting of a U.S.-based business. The fate of the legislation will be determined as it goes through the Senate.

TikTok, despite being incorporated in the United States, has faced concerns due to its connections with Beijing-based ByteDance. Fears have been raised about the potential misuse of the app for surveillance or influencing political views on behalf of the Chinese government. TikTok has consistently denied sharing U.S. user data with the Chinese government, refuting claims of any foreign interference. The current legislation addressing national security risks associated with TikTok is now advancing through the legislative process.

Lawmakers leading the initiative have emphasized a focus on urging TikTok to divest from ByteDance. However, TikTok has criticized the effort, claiming that it has a “predetermined outcome: a total ban of TikTok in the United States.” The company argues that such actions would infringe on the Constitutional right to free expression for millions of Americans. The legislative process will now move to the Senate for further consideration.

Several proposals were introduced last year to grant the federal government increased authority to regulate TikTok and other apps with perceived ties to U.S. adversaries. Bipartisan support was gained for some of these measures. In March of the same year, House lawmakers held a contentious hearing with TikTok CEO Shou Zi Chew, aiming to build momentum for further action against the company.

The initial push faced resistance from liberal Democrats who argued it infringed on free-speech rights and Republicans who expressed concerns about granting excessive power to the federal government to restrict digital services. However, the dynamics changed last week when leaders of key House committees introduced new legislation specifically targeting TikTok.

The two committees, with jurisdiction over the matter, have been investigating TikTok’s security concerns for months. Representatives Mike Gallagher (R-Wis.) and Raja Krishnamoorthi (D-Ill.), leaders of the select committee on China, previously introduced a bill targeting TikTok, but it faced constitutional concerns. Last week, the Commerce panel approved the new bill by Gallagher and Krishnamoorthi with a unanimous 50-0 vote, an unusually swift pace for legislation aimed at tech companies.

The recent House efforts against TikTok have progressed swiftly compared to past legislative endeavors against tech companies. This new legislation explicitly targets TikTok, focusing on national security concerns and urging the company to divest from its Chinese parent, ByteDance. The fate of the bill now rests in the Senate, where some lawmakers have raised concerns about potential infringements on free expression rights and targeting a specific business operating in the United States.

The House of Representatives has approved legislation that could lead to the prohibition of TikTok in the United States. This marks the first time a chamber of Congress has passed such legislation, signaling a significant move in the ongoing debate over the popular video-sharing app’s potential national security risks. Despite TikTok’s aggressive efforts to thwart the legislation, including urging users to contact their representatives, the bill’s fate now rests in the Senate, where competing approaches have been proposed to address security concerns related to certain apps.

In March, senators introduced the Restrict Act, aiming to grant the Commerce Department more authority in assessing and potentially blocking technology deals involving companies from countries considered foreign adversaries, such as TikTok. While various approaches have been proposed, the House has recently released a bill combining elements of past proposals to explicitly target TikTok and its parent company. The legislation gives the federal government a new mechanism to ban apps linked to nations viewed as foreign adversaries. The fate of the bill now rests with the Senate, where different approaches have been discussed.

The legislative fate of the new bill targeting TikTok, which the House has approved, is uncertain in the Senate. The conflicting stances of President Biden and his predecessor, Donald Trump, further complicate the situation. Senators have expressed concerns about the bill’s approach, with some questioning its constitutionality. The Senate has previously proposed alternative measures, such as the Restrict Act, giving the Commerce Department more authority. The dynamics in the Senate suggest a challenging and potentially slower path for the bill to become law.