Days after it was initially filed, a bill that might require TikTok to be sold or face an outright ban passed the House. In a rare display of bipartisanship, the House of Representatives voted 352 to 65 in favor of the legislation on Wednesday. The Senate is the next step.
If the bill is approved, parent company ByteDance will have six months to sell TikTok before it is banned from US app shops and web hosting providers. Although this is not the first attempt to compel the sale or prohibition of TikTok, the “Protecting Americans from Foreign Adversary Controlled Applications Act” has garnered more support far faster than other similar measures.
The measure cleared its first procedural vote in the House last week, just two days after it was introduced. The bill will now move onto the Senate, where its future is less certain. Senator Rand Paul has said he would block the bill, while other lawmakers have also been hesitant to publicly back the bill.
TikTok has called the bill unconstitutional, saying it would “strip 170 million Americans of their Constitutional right to free expression” and hurt creators and businesses that rely on the service. Last week, the company sent a wave of push notifications to users, urging them to ask their representatives to oppose the bill. Congressional staffers reported that offices were overwhelmed with calls, many of which came from confused teenagers. Lawmakers later accused the company of trying to “interfere” with the legislative process.
Free speech and digital rights groups also oppose the bill, with many noting that comprehensive privacy laws would be more effective at protecting Americans’ user data rather than a measure that primarily targets one app. Former President Donald Trump, who once also tried to force ByteDance to sell TikTok, has also said he is against the bill, claiming it would strengthen Meta.
In a letter to lawmakers, the Electronic Frontier Foundation (EFF), American Civil Liberties Union (ACLU), Fight for the Future and the Center for Democracy and Technology argued that the bill would “set an alarming global precedent for excessive government control over social media platforms” and would likely “invite copycat measures by other countries … with significant consequences for free expression globally.”
If the bill were to muster enough votes to pass the Senate, President Joe Biden says he would sign the bill into law. His administration has previously pressured ByteDance to sell TikTok. Officials maintain the app poses a national security risk due to its ties to ByteDance, a Chinese company. TikTok has repeatedly refuted these claims.
If the law was passed, the company would likely mount a legal challenge like it did in Montana, which passed a statewide ban last year. A federal judge temporarily blocked the ban in November before it could go into effect.
