tiktok

America’s Still Moving To Ban TikTok 

Last week, a key house committee introduced and approved a bill that is targeting the social media platform TikTok. The full House is set to vote this week potentially, and the White House has stated that President Joe Biden is also prepared to sign it, according to reports from CNN.

The bill itself, if fully approved, would give TikTok about five months to separate from its Chinese parent company ByteDance. If they refuse, app stores in the US will be prohibited from hosting the app on their platforms. 

Besides TikTok, the bill will also restrict other apps that are allegedly controlled by foreign adversaries like China, Iran, Russia, or North Korea. The bill would also set up a process for Biden, and future presidents to identify apps that should be banned under the specific legislation. 

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Any app store that violates said legislation could be fined based on the number of users of the banned apps; specifically a fine of $5,000 per user of the banned app. For example, if the bill passes and Apple or Google decide to keep TikTok on its app stores, they could face fines up to $850 billion. 

One of the bill’s lead cosponsors, Wisconsin Republican Rep. Mike Gallagher, says “the bill does not ban TikTok; it simply offers TikTok the choice to be divested.”

TikTok has responded to this recent bill’s momentum, stating that it’s an attack on the First Amendment rights of its users, according to CNN. It’s even launched a call-to-action campaign within the app itself, urging users to call their states representatives in Washington to oppose the bill. Multiple congressional offices have already stated that they’ve been “flooded” with calls. 

In a statement, TikTok said: 

“The government is attempting to strip 170 million Americans of their Constitutional right to free expression. This will damage millions of businesses, deny artists an audience, and destroy the livelihoods of countless creators across the country.”

Lawmakers have long been alleging that TikTok poses a national security threat because the government in China can use its intelligence laws against ByteDance to force them to hand over the data of US TikTok users. If done, that information can then be potentially used to identify intelligence targets or enable disinformation or propaganda campaigns. 

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The US government has not yet presented any evidence that China has accessed user data from TikTok, and according to reports, cybersecurity experts have stated that it still remains a hypothetical scenario. 

During the Trump administration, there was a major effort to ban TikTok, however, others debated whether or not the president had the power to ban a foreign-owned social media app. With this new congressional legislation, the president would have clear, new authorities to do that. 

With the speed in which House leaders are promising a floor vote, it can be assumed that they’re confident in the bill’s clearance. There is still not a lot of information regarding if the bill will have a chance in the Senate. 

Gallagher stated that the bill will likely fall to the Senate Commerce Committee. Senator Maria Cantwell, who chairs the Commerce Committee, told CNN that she will be talking to her “Senate and House colleagues to try to find a path forward that is constitutional and protects civil liberties.”

Jameel Jaffer, executive director of the Knight First Amendment Institute at Columbia University, said that “passing a nationwide privacy law regulating how all companies, not just TikTok, handle Americans’ data would lead to the same result without raising First Amendment concerns.” 

“By that precedent, it would be unconstitutional for the government to ban TikTok even if it were blatantly a direct mouthpiece for the Chinese government,” Jaffer said.

“If you give the government the power to restrict Americans’ access to propaganda, then you’ve given the government the power to restrict Americans’ access to anything the government deems to be propaganda.”