
For almost four years, Congress has been talking about banning TikTok. Early last month, talk seemed suddenly to turn into action: the House of Representatives brought forward a new bill—the Protecting Americans from Foreign Adversary Controlled Applications Act— that would force Bytedance, the China-based owner of TikTok, to either sell the company or see the app banned in the US. In his Platformer newsletter, Casey Newton described the legislative push as “fast-moving.” The Wall Street Journal described it as “hurtling towards a vote.”
The House quickly did vote, 352-65, to pass the sale-or-ban law. But then the fast-moving effort seemed to stop hurtling and get stuck in quicksand. What happened? In a word, the Senate. Although some senators have said that they support the ban and want it passed, there appears to be a lack of consensus in the chamber. As Newton noted in an update to his previous post, Chuck Schumer, the Senate majority leader, mentioned the possibility of a TikTok bill recently, but only in the context of a letter identifying a long list of other priorities, including online safety legislation for children and a child tax credit. Mitch McConnell, the minority leader, has called on his colleagues to take action on TikTok, saying the matter requires “urgent attention.” But many of his colleagues don’t seem convinced that urgent action, or in fact any action, is necessary.
Maria Cantwell—a Democrat who chairs the Senate Commerce Committee, which would have to approve any Senate version of the House bill—said recently that she doesn’t think the current legislation can withstand a legal challenge. (Senator Rand Paul, a Republican, also expressed concern that it would be struck down by the courts.) Cantwell has also said that the legislation is flawed because the executive branch of government should get to decide whether something constitutes a security threat, rather than Congress doing so. Cantwell has proposed alternative legislation that would set up a process allowing the White House to make such decisions. But Punchbowl News points out that her bill doesn’t have a Republican co-sponsor, and so its prospects seem limited.
Note: this post was originally published as the daily newsletter for the Columbia Journalism Review, where I am the chief digital writer
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