US House Votes to Force TikTok Divestiture, Uncertain Fate in Senate

Legislation called the Protecting Americans from Foreign Adversary Controlled Applications Act was recently introduced in the House of Representatives, authored by Mike Gallagher (R-Wisconsin) and Raja Krishnamoorthi (D-Illinois). The bill, which has been unanimously approved by the Energy and Commerce Committee, aims to address concerns regarding TikTok and its connection to national security due to its control by a foreign adversary, China’s Communist Party.

The legislation is now expected to proceed to the Senate, but its future is uncertain as there appears to be a divide among senators regarding its passage. Earlier attempts to ban TikTok, including executive actions by former President Trump, have also encountered obstacles.

TikTok responded to the passage of the bill in the House by expressing hope that the Senate will consider the economic impact and the millions of Americans who use the platform.

President Joe Biden, who previously created an official TikTok account as part of his election campaign, has stated that he would sign the bill if it is passed.

news conference outside the U.S. Capitol Building on March 12, 2024 in Washington, DC." data-testid="image" class="jsx-1560264765 i-amphtml-layout-responsive i-amphtml-layout-size-defined" i-amphtml-layout="responsive" data-recalc-dims="1">

Participants hold signs in support of TikTok at a news conference outside the U.S. Capitol Building on March 12, 2024 in Washington, DC.

Image Credit: Anna Moneymaker | Getty Images

Despite claims by the bill’s authors that it does not ban TikTok, the current form of the legislation requires ByteDance, the parent company of TikTok, to divest the app within approximately six months in order to continue its availability in the United States. If enacted, the bill would prevent app-store owners like Apple and Google, as well as internet-hosting companies, from supporting TikTok and other apps linked to ByteDance.

TikTok has strongly criticized the bill, asserting that it infringes upon the First Amendment rights of millions of Americans and negatively impacts small businesses.

While lawmakers argue that TikTok poses a national security risk due to its alleged ties to China’s Communist Party, tech policy and civil liberties organizations such as the American Civil Liberties Union and the Knight Institute have opposed the bill, voicing concerns about potential violations of First Amendment rights.

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