By Jennifer Odell
3:08pm PDT, Mar 17, 2024
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In a rare moment of bipartisanship, the House voted 352-65 on March 13 to pass a bill that would ban TikTok in the United States if the app's owner, ByteDance, doesn't sell its stake in the China-based company. The bill now heads to the Senate — bringing with it a mix of support, backlash and unanswered questions.
Lawmakers backing the bill, like its sponsor, Rep. Mike Gallagher (pictured), a Republican from Wisconsin, say TikTok's deep access to users' personal data — including browsing history, location and biometric identifiers — amounts to a national security risk, given that it's headquartered in Beijing, where laws essentially force China-based organizations to comply with any state demands in "intelligence gathering" situations. Another concern involves the potential for China's authoritarian regime to distribute propaganda or harmful content via the popular video app, which has about 170 million American users.
The vote comes after TikTok sent push alerts to users, urging them to call their representatives and demand Congress protect the app — a move Stephen Colbert joked about on "Late Night" this week: "Genius! What better way to dispel the idea that they are covertly influencing American politics … than by overtly influencing American politics?!" he said.
While ByteDance has maintained American users' data is safe, stored separately and would never be turned over to China's ruling Communist Party, it's unclear how the company would avoid complying with Beijing, where it's headquartered.
Some opponents of a TikTok ban or forced sale point to issues involving free speech and the rights of content creators whose businesses depend on the platform. Others say the bill would simply be ineffective in its mission of making social media safer. Still other detractors point to the fact ByteDance could sell TikTok but keep its valuable source code in China.
President Joe Biden has said he'll sign the bill if it lands on his desk. Former President Donald Trump, who previously tried to ban TikTok, now says he opposes a ban on the app. And on March 15, former Treasury Secretary Steven Mnuchin said he's thinking of making a bid to buy TikTok.
Keep reading to see what everyone from Trump and Biden to Mnuchin and Colbert are saying about the TikTok bill as it heads to the Senate…
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In a CNBC interview on March 15, former Treasury Secretary Steven Mnuchin said, "I think the legislation should be passed and I think it should be sold."
He also expressed interest in buying TikTok.
"It's a great business and I'm going to put together a group to buy TikTok … It's worth a lot of money," even if it doesn't turn a profit, said Mnuchin, who served in former President Donald Trump's administration.
"This should be owned by U.S. businesses. There's no way that the Chinese would ever let a U.S. company own something like this in China," he added.
It's unclear what kind of price tag a TikTok sale might carry. ByteDance was valued at $230 billion in 2023, according to CNBC. But the platform would be worth less without its source code. Experts say that code would need to be scrubbed to avoid potential "backdoor" espionage threats from China's government, which likely has access to it, according to Axios.
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TikTok CEO Shou Zi Chew (pictured) has repeatedly pushed back against potential regulation of the platform in the U.S. He did so again after the House vote via a video on the app.
"We will not stop advocating for you, and we will continue to do all we can, including exercising our legal rights to protect this amazing platform we have built for you," he promised in the clip.
TikTok also issued a statement, noting the bill was fast-tracked to approval.
"This process was secret and the bill was jammed through for one reason: it's a ban," the statement read, per CNN. "We are hopeful that the Senate will consider the facts, listen to their constituents, and realize the impact on the economy, 7 million small businesses, and the 170 million Americans who use our service."
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"Frankly, there are a lot of people on TikTok that love it. There are a lot of young kids on TikTok who will go crazy without it," Donald Trump said of the bill on a recent edition of CNBC's "Squawk Box."
"There's a lot of good and there's a lot of bad with TikTok. But the thing I don't like is that without TikTok you're going to make Facebook bigger, and I consider Facebook to be an enemy of the people, along with a lot of the media."
"When I look at it, I'm not looking to make Facebook double the size. I think Facebook has been very bad for our country, especially when it comes to elections," he added.
Asked about speculation his change of heart on TikTok was tied to his recent meeting with TikTok stakeholder and major GOP donor Jeff Yass, Trump said they didn't discuss the app.
"No, I didn't. I met with him very briefly," the former president said. "I made a speech and I said hello to him, and his wife was lovely. And actually, her primary thing was on education. She wants choice, as I do. And she mentioned to me more than anything. You know, we talked about education. It was a meeting that lasted for a few minutes. … I don't think I ever met him before [that]. But he never mentioned TikTok."
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"If they pass it, I'll sign it," President Joe Biden told reporters when asked about the TikTok bill (formally the Protecting Americans from Foreign Adversary Controlled Applications Act) on Friday, March 8, per CBS News.
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"Banning one of the most popular social media apps in the world would have a huge impact on American life," Stephen Colbert joked on "The Late Show" the night before the House vote. "Without TikTok, where else would I learn about actual trends like cooking chicken in Nyquil? Or future trends like calling the ambulance after someone cooks chicken in Nyquil?"
Colbert went on to note TikTok "sent push notifications urging users to call their representatives" that resulted in a flood of calls to lawmakers whose offices were then told the constituent was calling "because TikTok told me to."
"Genius! What better way to dispel the idea that they are covertly influencing American politics … than by overtly influencing American politics?!" Colbert asked. "'Hello? Yes, Congress? I am outraged that you think my addiction to an app could make me a pawn of the Chinese government. … The Chinese government assures me that's not so,'" he joked.
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"It's the dumbest f******* I've ever heard. It makes me so mad beyond f****** belief. We are starving. People are dying. People are in jail for marijuana f****** charges. We're in a war that we should not be in in the first place. And TikTok is our most pressing concern? I don't think so. It's also infuriating and a test to our political system that that bill got introduced what, five minutes ago? And it was passed this morning and now it's already going to the Senate whereas there are already all sorts of bills that take weeks, months, years and never get anything done to them goe to show is somebody wants something done it can be done. But we love to dilly dally and make s*** not happen. It's stupid. And it really goes to show that with this election year you really need to get out and vote…" –social media star James Charles
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"So now, the bill goes to the Senate, which means the fate of every tweenaged TikToker is in the hands of a bunch of old white people with Hotmail accounts. This is a big deal. This is like iPhone 'Footloose,' and there's no Kevin Bacon to save us," Jimmy Kimmel said on "Jimmy Kimmel Live."
"I mean, Republicans voted against their own border bill because they were afraid it would make Joe Biden look good. They can't even get it together to stand up to Vladimir Putin. But, by God, they will stand up to Charli D'Amelio and then some."
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"Well, if you guys are worried about the Chinese gathering data on Americans, wait till you find out who makes the phones," Seth Meyers joked on "Late Night."
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"Well, apparently, both Democrats and Republicans are worried that China will steal the secrets of the tortilla slap," Jimmy Fallon said on "The Tonight Show."
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"But, yes, obviously, there is a problem with a Chinese app spying on Americans and feeding us propaganda… You want American apps doing that," Michael Kosta said on "The Daily Show."
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On "The View" one day after the House vote, Alyssa Farah Griffin touched on a key aspect of what makes TikTok so problematic — its algorithm.
"When 352 lawmakers, left and right, come together and say this is a bill that needs to be passed, Americans should listen," Griffin said. "TikTok has been described as digital fentanyl."
As the New York Times recently noted, TikTok's scroll-obsession-inducing algorithm was developed "under great secrecy" by ByteDance engineers. In the case of a forced sale to non-Chinese owners, ByteDance could technically keep the secret algorithm code it owns, and/or turn it over to China's government.
Added "The View" host, "There is a unique, ugly playing field of TikTok where people are hearing things that are dangerous and divisive and it's tearing us apart."
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Rep. Mike Gallagher, the Wisconsin Republican who co-authored the bill, told colleagues on the House floor before the vote that it "forces TikTok to break up with the Chinese Communist Party," according to The New York Times.
"This is a common-sense measure to protect our national security," he added.
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Illinois Rep. Raja Krishnamoorthi, a Democrat and co-lead sponsor of the bill with Rep. Mike Gallagher, a Republican, celebrated its passage on X.
"Today, the House passed my bipartisan bill with @RepGallagher to force ByteDance's divestment from TikTok to end Chinese Communist Party control of the app. The CCP must not be able to use TikTok against Americans, and this bill would prevent that while keeping TikTok available," he wrote.
Earlier in the week, Krishnamoorthi and Gallagher sent an open letter to TikTok in response to its push notifications urging users to call their representatives. "Using your platform to deceive the American people about bipartisan U.S. legislation underscores the clear necessity of the bill currently under consideration," they warned. "Next week, TikTok could be spreading false information about a war. This fall, it could be about our elections."
The lawmakers both serve on the House Select Committee on the Chinese Communist Party and the Energy and Commerce Committee.
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"We have given TikTok a clear choice: Separate from your parent company ByteDance, which is beholden to the CCP [Chinese Community Party], and remain operational in the United States, or side with the CCP and face the consequences," said Washington Republican Rep. Cathy McMorris, who helped build support for the bill in her role as Energy and Commerce Committee Chair, per the Associated Press. "The choice is TikTok's."
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House Speaker Mike Johnson shared a statement on X after the House vote: "Communist China is America's largest geopolitical foe and is using technology to actively undermine America's economy and security. Apps like TikTok allow the Chinese Communist Party to push harmful content to our youth and engage in malign activities, such as harvesting the location, purchasing habits, contacts, and sensitive data of Americans," he said.
"Today's bipartisan vote to pass The Protecting Americans from Foreign Adversary Controlled Applications Act demonstrates Congress' opposition to Communist China's attempts to spy on and manipulate Americans and signals our resolve to deter our enemies. I urge the Senate to pass this bill and send it to the President so he can sign the bill into law," he added.
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House Majority Leader Steve Scalise said many of TikTok's young users don't understand how much of their data is put at risk by the app.
"This bill protects those families, those young people, and lets them still use the application that they enjoy," the Louisiana Republican told reporters, according to CNN. "So it's a win for families across America, and it's a long time coming."
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House Minority Leader Hakeem Jeffries, a New York Democrat who voted for the bill, said in a press briefing after the vote that the he's not in favor of banning TikTok, noting that the bill doesn't do that.
"It's now appropriate for the Senate to evaluate the merits of the legislation. I don't support a ban on TikTok. The legislation did not ban TikTok. It's simply a divestiture of TikTok so that this social media platform can be owned by an American company that would protect the data and the privacy of the American consumer from the latent foreign interests, like the Chinese Communist Party," he said, according to CNN.
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"I'm voting NO on the TikTok forced sale bill," Rep. Alexandria Ocasio-Cortez wrote on X on March 13, before the House vote.
"This bill was incredibly rushed, from committee to vote in 4 days, with little explanation. There are serious antitrust and privacy questions here, and any national security concerns should be laid out to the public prior to a vote," she added.
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"Reactionaries who want to ban TikTok claim the data can't be secured because the 'algorithm' is in China. Not true. The truth is the Algorithm runs in the U.S. in oracle cloud with their review of the code. (NOT in China.) Maybe we should examine the facts before committing violations of the 1st and 5th amendments," Sen. Rand Paul of Kentucky, a Republican, wrote on X after the House vote.
"They want to ban TikTok because it's 'owned by China' Not true. 60% of the company is owned by US and international investors. 20% is owned by the company founders. 20% is owned by company employees, including over 7,000 Americans. The CEO of TikTok is from Singapore, not China. So ask yourself why they keep repeating this lie to scare you?"
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Rep. Marjorie Taylor Greene, a staunch supporter of Donald Trump and a former member of the far-right-leaning Freedom Caucus, told CNN Trump's about-face on TikTok didn't influence her decision to vote against the bill.
"He has his opinion on the bill and he can voice it. It doesn't mean that we're all robots," she said.
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Senator Lindsey Graham said on "Meet the Press" on Sunday, March 10, that he wasn't sure how he'd vote should the bill pass in the House and come before the Senate. "I am definitely conflicted," he said.
The New York Times points out that in 2020, the Republican from South Carolina defended Donald Trump's executive action against TikTok, writing on social media that the president was "right to want to make sure that the Chinese Communist Party doesn't own TikTok and most importantly — all of your private data."
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CNN reported Senate Majority Leader Chuck Schumer has been "noncommittal" on the TikTok bill's future. "The Senate will review the legislation when it comes over from the House," the Democrat from New York said in a statement after the vote in the House.
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In a March 12 speech on Capitol Hill, Texas Republican Rep. Chip Roy defended the bill.
"We are in a cold war with China. We should fight them here and ban the foreign ownership and control of American data and stop apologizing for the Chinese communists," he said, in part.
"When the Chinese Communist Party is actively targeting the American citizen — I'm tired of people hiding behind the flag to let China do it," Roy added. "We have legislation before us that is 12 pages long. The bill is not a ban. It forces foreign adversaries including Chinese Communists to divest. … We should stop… apologizing for the Chinese Communists."
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"This censorship bill if far too broad. It will be abused in the future" –Elon Musk, sharing a post detailing the so-called "TikTok bill" on X
