The U.S. House Energy and Commerce committee unanimously approved a bill, titled the “Protecting Americans from Foreign Adversary Controlled Applications Act,” presented on March 5 by Rep. Mike Gallagher (R-Wis.) and Rep. Raja Krishnamoorthi (D-Ill.). This legislation mandates China’s ByteDance to divest its ownership of TikTok within 165 days or face a potential U.S. ban. The bill, if enacted, would prevent ByteDance-controlled apps, including TikTok, from being accessible in Apple or Google app stores, or through U.S. web hosting services unless they sever connections with entities like ByteDance, deemed subject to foreign adversary control. It was approved in a 50-0 vote within the House Energy and Commerce committee.
TikTok’s association with China’s communist regime has been a longstanding concern for American lawmakers, transcending administrations. As the app’s popularity soared in the U.S. and globally, bipartisan worries over data handling and ties to China intensified. Earlier on the same day, TikTok urged U.S. users to oppose the legislation through in-app alerts, triggering a significant volume of calls to congressional representatives. TikTok responded to the committee vote stating that the legislation, if passed, would lead to a complete ban of TikTok in the United States, potentially impacting millions of users and businesses.
The American Civil Liberties Union (ACLU) criticized the committee’s decision, emphasizing the bill’s perceived infringement on First Amendment rights. Jenna Leventoff, senior policy counsel at ACLU, urged representatives to prioritize free speech and reject the proposed legislation when it comes up for a vote. Apart from compelling ByteDance to sell TikTok or risk a U.S. ban, the bill establishes a framework for identifying social media applications deemed under foreign adversary influence and posing national security risks.
Rep. Mike Gallagher, Chair of the House Select Committee on the Strategic Competition Between the United States and the Chinese Communist Party, reiterated the urgency of severing ties between TikTok and the Chinese Communist Party (CCP). TikTok has consistently maintained that it has not shared nor received requests to share U.S. user data with the Chinese government, reaffirming its independence from governmental control. However, concerns persist, especially following a similar demand from the Committee on Foreign Investment in the U.S. (CFIUS) in the previous year. Despite efforts, a federal judge blocked Montana’s attempt to ban TikTok, citing constitutional concerns.
India banned TikTok in June 2020 due to security apprehensions stemming from its Chinese ownership.
