House Passes Bill to Ban TikTok or Force Sale as Lobbyists Turn Attention to Senate

The House voted overwhelmingly to approve a bill on that would ban TikTok from operating in the US or force a sale, with lawmakers largely shrugging off a last-minute lobbying push by the Chinese-controlled service and setting the stage for a final showdown in the Senate, where lawmakers have been cooler on the legislation. The measure passed the House 352 to 65, with one member voting present, showing broad bipartisan support for cracking down on TikTok over national-security concerns. The popular short-video app has faced scrutiny over the way its algorithm works to select content for users, both on sensitive issues like teen depression as well as on contentious global debates like the Israel-Hamas war. US officials say TikTok’s ownership potentially gives Beijing a way to both collect data on Americans and influence public opinion, driving years of efforts to crack down on the app and culminating in the new legislation. 

Official bill summary: This bill prohibits distributing, maintaining, or providing internet hosting services for a foreign adversary controlled application (e.g., TikTok). However, the prohibition does not apply to a covered application that executes a qualified divestiture as determined by the President. Under the bill, a foreign adversary controlled application is directly or indirectly operated by (1) ByteDance, Ltd. or TikTok (including their subsidiaries or successors); or (2) a social media company that is controlled by a foreign adversary and has been determined by the President to present a significant threat to national security. The prohibition does not apply to an application that is primarily used to post product reviews, business reviews, or travel information and reviews. The bill authorizes the Department of Justice to investigate violations of the bill and enforce the bill's provisions. Entities that violate the bill are subject to civil penalties based on the number of users. The bill requires a covered application to provide a user with all available account data (including posts, photos, and videos) at the user's request before the prohibition takes effect. The bill gives the U.S. Court of Appeals for the District of Columbia exclusive jurisdiction over any challenge to the bill. Further, a challenge to the bill must be brought within 165 days after the bill's enactment date. A challenge to any action, finding, or determination under the bill must be brought with 90 days of the action, finding, or determination.