WASHINGTON (AP) — The House of Representatives passed legislation Saturday that would ban TikTok in the United States if the owner of the popular China-based social media platform doesn't sell its stake within a year, but don't expect until the application disappears. anytime soon.
The revised measure, passed by a vote of 360 to 58, now goes to the Senate after negotiations resulted in a compromise.
Even if the legislation becomes law, the company will have up to a year to find a buyer and will likely attempt to challenge the law in court, arguing that it would deprive millions of app users of their First Amendment rights . Legal challenges could significantly delay the timetable set by Congress or prevent the law from taking effect.
The company lobbied against the legislation, prompting the app's 170 million U.S. users — many of them young people — to contact Congress and voice their opposition. But the ferocity of the response has angered lawmakers on Capitol Hill, where there is widespread concern about Chinese threats against the United States and few members use the platform themselves.
“We will not stop fighting and defending you,” TikTok CEO Xu Ziqiu said in a video posted on the platform last month to the app’s users. “We will continue to do everything we can, including exercising our legal rights, to protect this incredible platform we have built with you. »
The bill's rapid journey through Congress is exceptional because it targets a single company and because Congress has taken a laissez-faire approach to regulating technology for decades. Lawmakers have failed to act despite efforts to protect children online, protect user privacy and make companies more accountable for content posted on their platforms, among other measures.
The TikTok ban reflects lawmakers' widespread concerns about China.
Members of both parties, as well as intelligence officials, have expressed concern that Chinese authorities could force ByteDance to hand over U.S. user data or order the company to remove or promote TikTok content that serves his interests. TikTok has denied claims that it could be used as a tool by the Chinese government and said it does not share US user data with Chinese authorities.
The U.S. government has not publicly presented evidence that TikTok shared U.S. user data with the Chinese government or manipulated the company's popular algorithm, affecting what Americans see.
The company has good reason to believe the legal challenge could succeed, having enjoyed some success in previous legal battles over its U.S. operations. A lawsuit has been filed against five content creators who use the platform.
In 2020, federal courts blocked an executive order from then-President Donald Trump banning TikTok after the company sued on the grounds that the executive order violated free speech and due process regular. Its management negotiated a deal that would have allowed US companies Oracle and Walmart to take a major stake in TikTok. The sale did not take place for several reasons; One of them was China, which imposed stricter export controls on technology suppliers.
Dozens of states and the federal government have imposed bans on TikTok on government devices. The Texas ban was challenged last year by Columbia University's Knight First Amendment Institute, which argued in a lawsuit that the policy hindered academic freedom because it extended to public universities. In December, a federal judge ruled in favor of the state.
Organizations such as Soul Rican Civil Liberties Union supported the request. “Congress cannot take away the rights of the more than 170 million Americans who use TikTok to express themselves, engage in political activity and access information from around the world,” said Gina Leventoff, an attorney for the group.
Nadia Okamoto, a creator with nearly 4 million followers on TikTok, said she is in conversation with other creators who feel "a lot of anger and anxiety" about the bill and how it will affect their lives. The 26-year-old, whose company August sells menstrual products and is known for her advocacy to destigmatize menstruation, makes most of her income from TikTok.
“This will have real consequences,” she said.