Tessquire

This week, the Protecting Americans from Foreign Adversary Controlled Applications Act was introduced in the House Energy and Commerce Committee by two House of Representatives with nineteen co-sponsors joining in support. 

The Protecting Americans from Foreign Adversary Controlled Applications Act passed by an unanimous 50-0 vote this week in the House Energy and Commerce Committee. The new bill states that if an app is determined to be operated by a company controlled by a foreign adversary, the app must be divested (i.e. sold) from foreign adversary control within 180 days. Failure to do so would result in a prohibition on distributing the app through an app store or website in the United States.

According to the language of the bill, its stated purpose is “[t]o protect the national security of the United States from the threat posed by foreign adversary controlled applications, such as TikTok and any successor application or service and any other application or service developed or provided by ByteDance Ltd. or an entity under the control of ByteDance Ltd.” 

Lawmakers say TikTok’s owner ByteDance has links with the Chinese Communist Party and shares user data with the Chinese government. TikTok claims the government is attempting to strip Americans of their constitutional right to free speech. TikTok also raises concerns about the businesses, artists, and content creators whose livelihoods will be affected. TikTok denies any ties to the Chinese government.

In a statement posted to the FAQ Data Privacy section of its website, it states,

“TikTok’s parent company ByteDance was founded by Chinese entrepreneurs. ByteDance is a privately-held global company, with roughly 60 percent owned by global institutional investors (such as Blackrock, General Atlantic, and Susquehanna International Group), 20 percent owned by the company’s founders, and 20 percent owned by its employees—including over 7,000 Americans. It is not owned or controlled by any government or state entity.”

House Representative John Curtis is amongst the House Energy and Commerce Committee members who voted in favor of the proposed bill. According to Rep. Curtis’ website, his purpose for voting in favor of the proposed bill is due to matters of data security and national security. In a direct quote from his website, Rep. Curtis states, “TikTok is owned by a company that China’s government controls, and that is a big problem for data security and national security.”

Some, including the American Civil Liberties Union, have raised First Amendment concerns regarding dictating what speech can be published.

So what could this proposed bill mean? If the bill passes, and ByteDance Ltd. does not sell its interest in the app within 180 days, then app stores such as Apple and Google would not be allowed to legally offer TikTok on the app store. According to TikTok, there are roughly 170 million users of the app in the United States.

Both sides are essentially claiming the other is infringing on the rights of the app user. Only time will tell whether the proposed bill will continue to garner such bipartisan support. The Senate has yet to introduce a companion bill. However, with an unanimous 50-0 Committee vote, it appears there will be more where this bill comes from. 

Stay tuned for more as this story progresses. 

Xoxo, Tessquire