The "Protecting Americans From Foreign Adversary Controlled Applications Act" was enacted as part of a broader appropriations bill that also allocates aid to Ukraine, Israel, and Taiwan. It was passed by a 79-18 vote. President Biden issued a statement last night expressing his intention to sign the appropriations bill into law "as soon as it reaches my desk." Today, the White House confirmed that he has signed the bill into law.
The legislation identifies TikTok as a "foreign adversary controlled application" and mandates that its Chinese owner, ByteDance, sell the app within 270 days, a deadline that President Biden can extend by up to 90 days if a sale is underway.
Under this bill, TikTok can retain access to the US market if President Biden concludes that the sale effectively removes the app’s foreign adversary control. This requirement to divest or sell also applies to other apps that may later be designated as controlled by foreign adversaries.
The legislation identifies TikTok as a "foreign adversary controlled application" and mandates that its Chinese owner, ByteDance, sell the app within 270 days, a deadline that President Biden can extend by up to 90 days if a sale is underway.
Under this bill, TikTok can retain access to the US market if President Biden concludes that the sale effectively removes the app’s foreign adversary control. This requirement to divest or sell also applies to other apps that may later be designated as controlled by foreign adversaries.
Should ByteDance fail to divest TikTok, US app stores would be required to remove it, and Internet hosting services would be banned from supporting the app’s distribution in the US. Companies breaching this ban would face civil penalties.
ByteDance plans to challenge a new law in court that necessitates the sale of TikTok. According to the Associated Press, Senate Commerce Committee Chair Maria Cantwell (D-Wash.) emphasised that the bill aims to safeguard national security from foreign espionage and harmful activities, not to punish specific companies. Despite some senators acknowledging the bill as a de facto TikTok ban and raising concerns about potential First Amendment violations and censorship, it received bipartisan support and was passed.
ByteDance plans to challenge a new law in court that necessitates the sale of TikTok. According to the Associated Press, Senate Commerce Committee Chair Maria Cantwell (D-Wash.) emphasised that the bill aims to safeguard national security from foreign espionage and harmful activities, not to punish specific companies. Despite some senators acknowledging the bill as a de facto TikTok ban and raising concerns about potential First Amendment violations and censorship, it received bipartisan support and was passed.
Reuters reported remarks from Sen. Ed Markey (D-Mass.) criticizing the bill as essentially a ban on TikTok and a compromise on American values of free expression. Senator Ron Wyden (D-Ore.) also expressed worries about the broad powers the bill could grant to future administrations, potentially infringing on Americans' First Amendment rights.
Despite these reservations, both Markey and Wyden voted for the appropriations bill containing the contentious provisions. In response to the legislation, Michael Beckerman, TikTok's head of public policy in the US, indicated in a memo to staff that ByteDance would fight the law, claiming it infringes on the First Amendment rights of TikTok's 170 million American users. TikTok maintains that its substantial investment in securing US data and safeguarding its platform from external influences will support its legal stance.