March 13, 2024 TikTok ban bill House vote | CNN Politics

House passes bill that could lead to US ban of TikTok

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Rep. Marjorie Taylor Greene and Rep. Nancy Mace explain why they voted 'no' on TikTok ban
02:05 - Source: CNN

What we covered here

  • The House passed legislation that could ban TikTok in the US unless the app parts ways with its Chinese parent company, ByteDance. It’s a major challenge to one of the world’s most popular social media platforms, used by 170 million Americans.
  • If enacted, the bill, which passed on a bipartisan 352-65 vote, would give TikTok about five months to separate from ByteDance, or app stores in the US would be banned from hosting it on their platforms. It’s not yet clear what the fate of the measure will be in the Senate.
  • Lawmakers supportive of the bill have argued TikTok poses a national security threat because the Chinese government could use its intelligence laws against ByteDance, forcing it to hand over the data of US app users.
  • TikTok blasted the House vote and urged the Senate to “consider the facts.” China’s foreign ministry responded angrily ahead of the vote, calling it an “act of bullying.”

Our live coverage has ended. Read more about the House vote in the posts below.

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A bill could ban TikTok across the US. Here's what to know about today's House vote — and the app's future

The US House of Representatives voted Wednesday to pass a bill that could lead to a nationwide ban against TikTok, one of the world’s most popular social media apps. It’s not yet clear what the future of the bill will be in the Senate.

Here’s what you need to know about the vote and what may happen next:

  • Who voted for the bill: The House vote was 352 to 65, with 50 Democrats and 15 Republicans voting in opposition. In a rare show of bipartisanship, the measure advanced unanimously out of the powerful House Energy and Commerce Committee, and President Joe Biden has said he would sign the bill if it makes it to his desk.
  • Why the bill passed: Lawmakers supportive of the bill have argued TikTok poses a national security threat because the Chinese government could use its intelligence laws against TikTok’s Chinese parent company, ByteDance, forcing it to hand over the data of US app users.
  • What the legislation would do: The bill would prohibit TikTok from US app stores unless the social media platform — used by roughly 170 million Americans — is spun off from ByteDance. The bill would give ByteDance roughly five months to sell TikTok. If not divested by that time, it would be illegal for app store operators such as Apple and Google to make it available for download.
  • Uncertain future in the Senate: Senate Majority Leader Chuck Schumer remained uncommitted Wednesday to the next steps in the Senate, just saying that the chamber will review the legislation. Senate Intelligence Committee Chairman Mark Warner, a Virginia Democrat, and the panel’s top Republican, Marco Rubio of Florida, urged support for the House bill, citing the strong showing in Wednesday’s vote. Democratic Sen. Maria Cantwell, the chair of Senate Commerce, Science and Transportation Committee, wants to create a durable process that could apply to foreign entities beyond TikTok that might pose national security risks.
  • What TikTok is saying: TikTok has called the legislation an attack on the constitutional right to freedom of expression for its users. China’s foreign ministry called the bill an “act of bullying.” In a video posted on X (formerly Twitter), CEO Shou Chew thanked the community of TikTok users, and said the company has invested in keeping user “data safe and our platform free from outside manipulation.” He warned that if the bill is signed into law, it will impact hundreds of thousands of American jobs and take “billions of dollars out of the pockets of creators and small businesses.”
  • Opposition to banning TikTok: Former President Donald Trump, who was once a proponent of banning the platform, has since equivocated on his position, while Democrats are facing pressure from young progressives among whom TikTok remains a preferred social media platform.
  • Potential antitrust issues: The market for social media services is highly concentrated, which could make it hard for TikTok to even find a buyer that US competition regulators could accept, antitrust experts say.

CNN’s Clare Foran, Brian Fung and Haley Talbot contributed reporting to this post.

This story was updated with the response from TikTok CEO Shou Chew.

Key Democrat eyes different approach on TikTok bill as senators diverge on path ahead

Maria Cantwell during a hearing in Washington, DC, on February 9, 2023.

Democratic Sen. Maria Cantwell, the chair of a key Senate committee, is pursuing a different – and more complex – TikTok plan than the bill that passed the GOP-led House, the latest indication that cracking down on the popular app faces a convoluted path to President Joe Biden’s desk this election year. 

It’s also not clear if Democrats, who control the Senate and the White House, really have the will to take action against TikTok, which has 170 million users in the United States, many who are young voters who could be angered by a ban and may take it out on the many Democratic incumbents on the ballot this year.

There are now two main approaches being considered in the Senate, according to senators and aides involved in the issue. 

  • The first, and simplest, would be to pass the House bill. But critics warn the House approach could have constitutional pitfalls because the legislation specifically names the companies targeted by it and therefore could eventually be thrown out in court.  
  • The second approach is a remedy proposed by Cantwell of Washington, the chair of Senate Commerce, Science and Transportation Committee, who wants to create a durable process that could apply to foreign entities beyond TikTok who might pose national security risks.  

“The whole point here is you have a dilemma. You want free speech, but you also want the United States to have the ability to protect US citizens or US military from foreign actors who might be deleterious in what they are using as a tool of communication,” she said. 

Cantwell, whose committee would have the main jurisdiction over the issue, is still developing the proposal, a sign that it could take weeks or months to negotiate and take away from the political strength the House bill has after a big bipartisan vote in its favor.

The TikTok bill provides a "totally reasonable" window for divestment, former FTC chair says

It is “totally reasonable” to think that TikTok could complete a sale within six months if the bill were to pass in the Senate and is signed into law, according to a former top US antitrust regulator.

It is possible the Chinese government could try to block a TikTok sale; officials said last year the country “firmly opposes” any forced sale of the company. In 2022, the country proposed new regulations governing the sale of social media algorithms to foreign buyers, a move that could give China an effective veto over a potential TikTok deal.

That could complicate and delay a TikTok divestiture, Leibowitz added.

“There are a lot of unanswered questions at the core of this divestiture legislation,” he said, “but I actually think the six months is pretty reasonable. Most antitrust attorneys or corporate attorneys who work on divestiture think it’s a pretty fair timeframe.”

Remember: The bill that passed in the House Wednesday would prohibit TikTok from US app stores unless the social media platform — used by roughly 170 million Americans — is spun off from its Chinese parent company, ByteDance.

The bill would give ByteDance roughly five months to sell TikTok. If not divested by that time, it would be illegal for app store operators such as Apple and Google to make it available for download.

White House urges Senate to take "swift action" on TikTok ban bill

The sun rises through the North Portico of the White House in Washington, DC, on March 11.

White House press secretary Karine Jean-Pierre called on Senate lawmakers to take “swift action” on the TikTok bill just passed by the House.

“We want to see the Senate take swift action,” Jean-Pierre told reporters aboard Air Force One Wednesday en route to Wisconsin.

President Joe Biden has previously come out in support of the bill, saying he would sign it if it reached his desk.

Jean-Pierre added that the White House does not expect the bill to affect the US-China relationship, even as Chinese officials warned this week that passage of the legislation would “backfire” on the United States.

“We are going to continue our work, you know, working with our relationship with China,” Jean-Pierre said. “That’s not going to stop. But the president has always been clear, National Security Adviser Jake Sullivan has always been clear: When it comes to our national security, when it comes to data that’s coming from Americans, we’re always going to make sure that we’re addressing those threats that we face.”

A TikTok sale could raise antitrust concerns

One potential stumbling block to a TikTok sale is that the market for social media services is highly concentrated, antitrust experts say.

That could make it hard for TikTok to find a buyer that US competition regulators could accept.

All four of those tech giants have come under tremendous antitrust scrutiny in recent years, with the Justice Department or the Federal Trade Commission suing each of them for alleged violations of US competition law.

Both federal agencies have made a point of identifying ways that troves of personal data can give the largest tech platforms an anticompetitive edge.

TikTok could have an easier path selling to a company that hasn’t raised red flags with antitrust regulators, Kimmelman added.

This is the closest we've come so far to a TikTok ban

The TikTok app is seen in the app store on a phone in New York City, on March 13.

With the passage of the TikTok bill in the House on Wednesday, this is the closest the United States has come to banning the social media platform on personal devices.

The next closest thing would be a Montana law that bans TikTok on personal devices within the state. That legislation would have taken effect on Jan. 1, but a federal judge blocked it from taking effect late last year.

The Montana law likely violates the First Amendment, wrote District Judge Donald Malloy at the time. The same decision highlighted a debate about whether Montana was impermissibly engaging in foreign policy, a job that is reserved for the federal government.

In a statement on Wednesday’s vote, TikTok said its attention would now shift to the Senate, where the fate of the legislation is unclear.

Here's what could happen to the TikTok bill in the Senate

After the House’s dizzyingly fast passage of a bill that seemed to take TikTok by surprise, the company has more of an opportunity to block the legislation in the Senate.

The 2024 election could make it difficult to pass legislation, Wisconsin Republican Rep. Mike Gallagher, one of the bill’s architects, acknowledged to reporters Wednesday.

Even so, Gallant wrote, senators could try to tuck the bill into a must-pass defense spending bill toward the end of the year, after the election.

“We continue to see passage of a TikTok ban bill in 2024 as more likely than not,” Gallant wrote. “That would set the stage for a one to two year court fight on First Amendment grounds.”

Earlier Wednesday, Senate Majority Leader Chuck Schumer said only that the chamber would review the House bill when it reaches his chamber.

President Joe Biden has said he would sign the bill if it makes it to his desk.

"Gen Z historian" draws parallels between TikTok bill vote and Cold War-era Red Scare

Kahlil Greene, a self-described “Gen Z historian” whose TikTok videos on Black history reach more than 640,000 followers, told CNN Wednesday that the House vote carries echoes of some of the darkest times in the country’s past.

In an interview, Greene compared the effort to clamp down on a foreign-owned app to the Red Scare of the 1940s and 1950s, which saw a wide range of Americans fall under government suspicion amid fears of communist infiltration.

The US government has not been persuasive enough about the need for restrictions specifically targeting TikTok, Greene said, and has not formulated a solution that protects Americans’ constitutional rights.

“I’m really concerned with the government banning TikTok, especially in an election year,” he said, “and also hypocritically, especially when they are using it so much and are continuing to use it for their campaign purposes. It’s like, ‘TikTok can be used when it benefits the American government, but when it starts creating dissent, and novel public opinion around issues that have been set in stone in American politics, then it becomes a problem.’ That’s my concern.”

A classified briefing on TikTok leads to divergent takeaways

Rep. Mike Gallagher talks with reporters after the House passed a bill that could ban TikTok in the US on Wednesday, March 13. 

House lawmakers are divided on the value of a classified briefing held this week intended to get them up to speed on TikTok’s alleged national security risks.

“I went to the briefing yesterday, the top secret briefing, it was vacuous,” said California Republican Rep. John Duarte, who voted against the bill today.. “There was no specific information given in that briefing that was well founded evidence and specific about what TikTok or anybody else was doing.”

Michigan Democratic Rep. Dan Kildee, who voted for the bill, described it as a judgment call.

Wisconsin Republican Rep. Mike Gallagher, one of the bill’s original leading cosponsors, acknowledged some uncertainty surrounding the legislation’s future in the Senate.

“Obviously with the Senate, you know, that’s 100 senators that are going to have an opinion on this thing,” Gallagher said. “So obviously, you’ve got to balance that against the need to do something expeditiously. Because everything gets harder the closer you get to an election.”

Trump's opposition likely influenced some lawmakers' votes, a Republican says

Former President Donald Trump’s public opposition to a TikTok ban may have swayed some House Republicans, according to one GOP lawmaker who voted for the bill.

What other Republicans are saying: Earlier Wednesday, GOP Reps. Nancy Mace and Marjorie Taylor Greene both told CNN that their decision to vote against the TikTok bill was not because Trump signaled his opposition. 

Greene told CNN that she didn’t speak to Trump about the bill and voted against it based on her own conclusions, saying, “He has his opinion on the bill and he can voice it. It doesn’t mean that we’re all robots.” 

Schumer remains noncommittal on fate of the TikTok bill in the Senate

Senate Majority Leader Chuck Schumer speaks to reporters after the weekly Senate Democrats caucus policy luncheon at the US Capitol on March 12 in Washington, DC. 

Senate Majority Leader Chuck Schumer issued a statement after the House passed its bill that could ban TikTok. He remained uncommitted to the next steps in the Senate.

He would not specifically lay out what the next steps would be when asked yesterday. But that was before the vote passed in the House. 

If you're a TikTok fanatic, here's what to do now that the House has effectively voted to ban it

If you’re a TikTok fanatic worried about how you’re going to stay connected to the world after a bill that could ban the app passed the House of Representatives Wednesday … don’t panic just yet.

Many of the roughly 170 million Americans who use the app have raised concerns that banning TikTok could mean doing away with a platform that represents much more than a platform where young people can follow the latest updates about the Princess of Wales.

It’s where they go to find connection, get entertained, seek information and earn a living. Some of those TikTokkers phoned their representatives in recent days to urge them to vote “no” on the bill, after the app alerted users to the potential ban.

There are other platforms available for TikTok users — nearly every major social media company has spent the past several years trying to mimic the app’s popular formula of snappy, shortform videos combined with a powerful recommendation algorithm that keeps users scrolling. However, shifting a loyal audience from one platform to another is easier said than done.

But TikTok will not be disappearing from Americans’ phones anytime soon.

The bill faces numerous hurdles to being signed into law and will almost certainly face legal challenges if it is. And if the bill becomes law, the question remains whether an American buyer would step in to save the day (if ByteDance is willing to divest the popular platform).

Read more about how likely it is that the bill could become law here.

How each member of the House voted on the TikTok bill 

The US House on Wednesday approved legislation that could ban TikTok in the United States over concerns about the video sharing platform’s Chinese ownership.

The bill, which passed on a bipartisan 352-65 vote, would require the app to part ways with its Chinese parent company, ByteDance, within 180 days or face a ban in American app stores.

The measure is now expected to move to the US Senate, where it faces an uncertain future. President Joe Biden has said he would be prepared to sign the bill if it passes both chambers.

Take a look at how each member of the House voted here and below is a breakdown of the vote.

TikTok failed to read the political landscape, NYU analyst says

TikTok misread years of signals from politicians that they intended to ban the app, according to Paul Barrett, deputy director of New York University’s Stern Center for Business and Human Rights.

“Faced with persistent bipartisan suspicion in the US, ByteDance and the Chinese government should have read the political signals more astutely and spun off TikTok as a stand-alone American company,” Barrett said.

“A broad U.S. ban would inhibit Americans from using TikTok to express themselves — an outcome that would limit free speech and make no one happy,” he continued.

More context: Lawmakers supportive of the bill have argued TikTok poses a national security threat because the Chinese government could use its intelligence laws against ByteDance, forcing it to hand over the data of US app users.

TikTok has called the legislation an attack on the constitutional right to freedom of expression for its users. 

House majority leader downplays concerns that TikTok bill could anger young voters

House Majority Leader Rep. Steve Scalise speaks as Speaker of the House Rep. Mike Johnson and Rep. Elise Stefanik listen during a news conference at the Cannon House Office Building on Capitol Hill on March 6 in Washington, DC.

House Majority Leader Steve Scalise celebrated the passage of the House’s TikTok bill, and downplayed concerns that going after a popular application could hurt Republicans in November.

The Republican from Louisiana said young people did not recognize how much of their data was at risk from the app and said the bill would give them extra layers of protection.

Scalise said he believes the overwhelming support for the legislation in the House will help ease its passage in the Senate. Senate Majority Leader Chuck Schumer hasn’t committed to taking up the House’s version of the bill.

Meanwhile, House Minority Leader Hakeem Jeffries said not only does he not want a ban on the social media platform, but that the legislation that was passed 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,” the Democrat from New York said, repeating several time his opposition to an outright ban. 

Republican opponents to TikTok bill say Trump didn’t influence their vote

GOP Reps. Nancy Mace and Marjorie Taylor Greene both told CNN that their decision to vote against the TikTok bill was not because former President Donald Trump signaled his opposition. 

Greene told CNN that she didn’t speak to Trump about the bill and voted against it based on her own conclusions, saying, “He has his opinion on the bill and he can voice it. It doesn’t mean that we’re all robots.” 

She said that this bill does not effectively protect Americans’ data or protect national security from China, saying a far more comprehensive approach would be needed to deal with both issues. She also raised concerns over who would buy TikTok. 

Mace similarly told Manu her vote was not about Trump’s opposition, saying that she’s “been against this from the very beginning before anyone else weighed in. It’s the libertarian in me. It’s not the role of government to ban apps from the app store. Nowhere in the Constitution does it say that.”

Explaining why she voted against it, Mace said she thought the bill was not constitutionally sound. She said no one could show her evidence that China has taken American data and said there needs to be a broader conversation about protecting consumer data from foreign adversaries.

Meanwhile, GOP Rep. Don Bacon pushed back against the criticism that a bill which could ban TikTok in the United States is stifling freedom of speech, arguing that the purpose of the legislation that passed the House this morning is to force TikTok’s Chinese-based parent company to divest the company. 

House Speaker Johnson urges Senate to pass TikTok bill

House Speaker Mike Johnson looks on as House Minority Leader Hakeem Jeffries poses for a picture with Polish President Andrzej Duda at the US Capitol on March 12 in Washington, DC. 

House Speaker Mike Johnson urged the Senate to approve the House-passed bill that could ban TikTok in the US in a statement Wednesday. 

“I urge the Senate to pass this bill and send it to the President so he can sign it into law,” he said. 

The legislation’s fate is less than clear in the Senate, where there is no companion bill.

Top senators on intelligence committee praise House vote 

The top US senators on the Senate Intelligence Committee praised Wednesday’s House vote.

Virginia Democratic Sen. Mark Warner, the panel’s chair, and Florida Sen. Marco Rubio, its top Republican, vowed to collaborate in a bipartisan manner to get the bill to President Joe Biden’s desk.

“We were encouraged by today’s strong bipartisan vote in the House of Representatives, and look forward to working together to get this bill passed through the Senate and signed into law,” they continued.

How a US TikTok ban could impact other countries, according to a public policy professor

A US TikTok ban could set a “radical” precedent for how social media is regulated worldwide, Dr. Georgios Samaras, an assistant professor in public policy at King’s College London, says.

A bill that could ban the app passed the House 352-65 on Wednesday, although it’s unclear what the fate of the measure will be in the Senate. The bill would prohibit TikTok from US app stores unless the social media platform is spun off from its Chinese parent company, ByteDance.

Speaking to CNN, Samaras said a ban would be a “bold political move” that could affect not just TikTok, but other social media platforms, too.

Already, TikTok has been restricted from government devices in several Western nations, including countries that are a part of the five eyes intelligence group – the US, UK, Canada, New Zealand and Australia – and the European Commission and NATO employees.

“Anything is possible when it comes to seeing the reactions from other countries if the US show the way. Because this is going to be a first in the Western World,” Samaras added.

How TikTok responded to the House vote

 Participants hold signs in support of TikTok outside the US Capitol Building on March 13 in Washington, DC.

In a statement on Wednesday’s House vote, TikTok said its attention would now shift to the Senate, where the fate of the legislation is unclear.

In its response, it blasted House lawmakers’ fast-tracking of the bill and their decision to hold a closed-door briefing for members last week that highlighted the app’s national security concerns.