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A group of lawmakers has introduced a new bill to compel ByteDance to sell TikTok so the app can continue operating in the United States.
The bill, titled the “Protecting Americans from Foreign Adversary Controlled Applications Act,” seeks to prevent US app stores and web hosting services from distributing TikTok unless it separates from its parent company, ByteDance.
This bill represents the latest effort in a series of attempts by lawmakers and officials to either ban TikTok outright or compel its sale. Former President Donald Trump made a similar attempt in 2020, which was unsuccessful.
The Biden Administration has also pushed for ByteDance to divest from TikTok. Additionally, a US District Court judge recently blocked a Montana app ban.
Unlike previous attempts, this new bill, introduced by a bipartisan group of House lawmakers, takes a different approach. It gives ByteDance a six-month window to sell TikTok before app store-level bans are enforced.
The bill also mandates that TikTok and other apps allow users to export their data into compatible formats for other platforms. While TikTok is mentioned explicitly in the bill, it also opens the door for similar actions against other apps deemed to be under foreign adversary control if they pose a national security threat.
TikTok has vehemently opposed the bill, calling it an outright ban disguised as a regulatory measure. The company argues that the legislation would infringe upon the First Amendment rights of its millions of American users and hinder small businesses that rely on the platform for growth and job creation.
TikTok CEO Shou Chew has maintained that divestment alone would not address officials’ concerns regarding US user data. The company has been working to address national security concerns through Project Texas, a plan to separate US user data into locally hosted servers. This initiative, developed through negotiations with the Committee on Foreign Investment in the United States (CFIUS), would allow government officials to oversee audits of TikTok’s operations.
While TikTok’s negotiations with CFIUS were reportedly revived last year, doubts remain about the Biden administration’s authority to ban the app independently. If Congress passes the new bill, it could resolve these uncertainties and establish a new process for addressing ByteDance’s involvement with TikTok.
Critics, including the American Civil Liberties Union (ACLU) and Columbia University’s Knight First Amendment Institute, have raised concerns about the bill’s potential impact on free speech. They argue that while data privacy and security are essential, banning TikTok would infringe upon Americans’ access to a popular communication platform. They suggest a more comprehensive privacy law restricting data collection by platforms like TikTok would be a better approach.
