Lawmakers’ Drive to Rein In TikTok Intensifies After CEO’s Testimony

The TikTok hearing “left more questions than answers,” said Rep. John Curtis (R., Utah). “I don’t think any of us walked away feeling that our data is safe or that there is any accountability for TikTok.” Mr. Curtis hasn’t signed on to any bills yet, saying he wants to see details first. 

Several bills restricting TikTok use through privacy legislation or an outright ban on the app have been introduced in Congress or discussed, but no clear path has emerged. It remained unclear if lawmakers’ denunciations of TikTok would result in passing legislation and sending it to President Biden’s desk.

The idea of a ban started during the Trump administration and lawmakers from both parties have expressed concerns over the platform, which uses an algorithm to show users short-form videos. Last year, Congress passed legislation banning TikTok from federal government devices and some states have made similar moves.

In a shift, Democrats who have seemed more resistant to banning the application or taking other actions also signaled they were more ready to join with Republicans on legislation to strengthen the government’s hand in fighting potential threats posed by foreign-controlled apps. 

“There’s a groundswell of support for this, from Americans and elected officials on both sides of the aisle, as we see that this one app gives the [Chinese Communist Party] the ability to control what a generation of kids see and consume,” said Rep.

Josh Gottheimer

(D., N.J.), a member of the House Intelligence Committee, who has long advocated for a ban or sale of TikTok.

“There is bipartisan, growing consensus to get this app off of U.S. phones before further damage is done,” said Rep. Ashley Hinson (R., Iowa). 

House Speaker Kevin McCarthy (R., Calif.) said he was engaged in talks about legislation with Sen. Mark Warner (D., Va.), the chairman of the Senate Intelligence Committee. Mr. Warner is sponsoring legislation with Sen.

John Thune

(R., S.D.) to give the government broad powers to restrict and even ban foreign-controlled apps that pose national-security risks. 

“I think you could find a very bipartisan bill,” Mr. McCarthy said Friday. “I know the Senate is working on one but I believe the House will get one done and we’ll pass it through.”

The Warner-Thune bill, known as the Restrict Act, would grant the Commerce Department new authority to regulate foreign-owned apps. The White House reiterated Thursday that it backs the legislation.

Any legislative steps on TikTok or big tech are tricky, both politically and practically. Adopting new laws restricting foreign apps has its own complexities, including potential First Amendment implications. 

The hearing also showed growing consensus to take action to amend Section 230, a provision in the 1996 Communications Decency Act that spells out who is legally responsible for content on the internet. It shields social-media companies from responsibility for what is posted on their sites. 

Rep.

Jamaal Bowman

(D., N.Y.) hosted a press conference on Thursday with about 20 TikTok influencers and suggested xenophobia against China was at play and Congress should focus instead on addressing broader concerns about social media.

The Biden administration recently demanded that TikTok’s Chinese owners sell their stakes in the company or face a possible U.S. ban of the app. Mr. Chew told lawmakers he didn’t think a change in ownership would improve safety and security, pointing to the privacy problems of U.S. tech platforms. 

China issued a statement ahead of the hearing saying it would oppose any forced sale of TikTok, with its Commerce Ministry saying that any sale would involve the export of Chinese technology and must be approved by the Chinese government. TikTok executives have said that 60% of ByteDance shares are owned by global investors, 20% by employees and 20% by its founders, though the founders’ shares carry outsize voting rights, as is common with tech companies.

TikTok has pledged to spend $1.5 billion on a program to safeguard U.S. user data and content from Chinese government access or influence. Lawmakers who favor putting restrictions on the company have said that plan isn’t sufficient, saying any Chinese-owned company must comply with demands from Beijing if called upon.

Many in Congress said they would back stricter controls on apps tied to hostile governments, but also wanted to enact comprehensive privacy legislation affecting all big tech platforms, not just foreign-controlled ones. 

“We must prevent any app, website, and platform like TikTok from ever spying on Americans again and we must provide the strongest protections possible for our children,” said Rep. Cathy McMorris Rodgers (R., Wash.), who chairs the powerful House Energy and Commerce Committee. 

Some lawmakers urged caution. 

“Taking a step to ban access to a media platform is a very big step,” said Rep.

Jim Himes

(D., Conn.), a member of the intelligence panel. “Are we going to ban access to Belarusian newspapers, you know? I’m not saying it’s wrong. I’m just saying let’s slow the feeding frenzy down now and take a deep breath,” he said.

Write to Natalie Andrews at [email protected]