On a recent Tuesday evening, the U.S. Senate cast a decisive vote in favor of a bill that could lead to a ban on TikTok if ByteDance, the Chinese company that owns the app, does not sell it within the next nine months to a year.

The move comes amid concerns from U.S. officials that the Chinese government could use the app to gather data on American citizens or conduct surveillance. The bill had already been approved by the House of Representatives and President Joe Biden indicated his intention to sign it into law.

Senator Marco Rubio, a senior member of the Intelligence Committee, expressed that it was a mistake to let the Chinese Communist Party have control over such a widely used app in the U.S. He welcomed the new legislation that would mandate the sale of Tik-Tok by its Chinese owners.

TikTok

In response to the Senate’s decision, the Chinese foreign ministry pointed to previous statements made in March, where they criticized the U.S. for persistently targeting Tik-Tok without any evidence of it being a security threat.

The Ongoing Tech Tug-of-War

The dispute over TikTok, which boasts 170 million American users, is part of a larger conflict between the U.S. and China over internet and technology dominance. Recently, Apple complied with Beijing’s request to remove certain apps from its Chinese App Store, citing national security.

TikTok plans to challenge the bill, citing the First Amendment, and it is anticipated that users will also take legal action. Previously, a U.S. judge in Montana halted a state-level TikTok ban on the grounds of free speech.

The American Civil Liberties Union warned that banning TikTok or forcing its sale could lead to excessive government control over social media and encourage similar actions by other countries.

TikTok, while stating it has never and would never share U.S. user data with the Chinese government, is preparing to legally contest the bill.

Legislative Details and Implications

The Senate’s vote was 79 to 18 in favor of the bill, which was part of a larger package that included $95 billion in aid, mostly for military purposes, for Ukraine, Israel, and Taiwan. The directive for TikTok to be sold was expedited through the legislative process.

Experts believe that the new bill will provide the Biden administration with a stronger legal basis to ban TikTok should ByteDance not comply with the divestment.

If ByteDance does not sell TikTok, major app stores would be prohibited from offering the app or providing hosting services for ByteDance’s applications or TikTok’s website.

The bill also empowers the White House to ban or mandate the sale of other foreign-owned apps considered security risks.

Democratic Senator Ron Wyden expressed concern that the bill’s broad authority could be misused by future administrations to infringe on Americans’ First Amendment rights.

Once enacted, ByteDance will have 270 days, with a potential three-month extension, to sell TikTok’s U.S. operations.

Senator Ed Markey commented that it would be extremely difficult for ByteDance to complete the sale by early 2025, suggesting that the law effectively amounts to a ban on TikTok. He cautioned against underestimating the significance of this potential censorship.

The legislation may also become a talking point in the upcoming presidential campaign, with former President Trump encouraging young voters to reflect on the implications of a TikTok ban.

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