House Committee Advances Bill That Could Ban TikTok

Jimmy Willimas

The House Energy and Commerce Committee has given unanimous approval to a bill requiring ByteDance, the China-based parent company of TikTok, to divest the app or face a ban in the U.S.

The “Protecting Americans From Foreign Adversary Controlled Applications Act” addresses national security concerns regarding potential access to Americans’ personal data by the Chinese government.

Introduced by Representatives Mike Gallagher (R-Wis.) and Raja Krishnamoorthi (D-Ill.), the bipartisan bill garnered swift support from the committee, despite concerns about the speed of the legislative process. Frank Pallone (D-N.J.), the Energy and Commerce ranking member, expressed support for the bill, emphasizing the need for ByteDance to divest TikTok, allowing U.S. users to continue using the platform.

The bill aims to alleviate worries about national security by addressing the possibility of the Chinese government accessing user data through ByteDance. The legislation follows a classified hearing involving members of the intelligence community.

TikTok strongly denies posing national security risks, with a spokesperson stating that the bill’s outcome seems predetermined: a total ban of TikTok in the U.S. The spokesperson argued that such a ban would infringe on the constitutional right to free expression, impacting businesses, artists, and creators.

Before the committee’s vote, TikTok sent notifications to users, urging them to call Congress to oppose the bill. The notifications warned of a potential TikTok shutdown and a planned total ban. However, supporters of the bill clarified that TikTok could continue in the U.S. if ByteDance divests it.

Despite the widespread support within the committee, the bill faces opposition from groups, including the ACLU and the Knight First Amendment Institute at Columbia University, raising concerns about potential violations of free speech.

Sarah Krepps, director of the Tech Policy Institute at Cornell University, expressed doubts about the bill’s ability to sidestep free speech concerns. She highlighted ByteDance’s reluctance to divest TikTok, potentially leading to a ban.

Although questions linger about the bill’s constitutionality, it is on track for a House vote, with Speaker Mike Johnson (R-La.) backing it. The White House referred to the bill as “important and welcome” without providing explicit endorsement.

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