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    A proposed law that could result in TikTok being banned nationwide is gaining support. Here's what you need to know

    By Randall BarrancoMarch 10, 2024 News 6 Mins Read
    – 202403AP24046777445664 1
    FILE - Fans sit under a TikTok ad at a baseball game at Yankee Stadium, April 14, 2023, in New York. A bill that could lead to the popular video-sharing app TikTok being unavailable in the United States is quickly gaining traction in the House. Lawmakers advanced legislation against TikTok Thursday as they voiced concerns about the potential for the platform to surveil and manipulate Americans. (AP Photo/Frank Franklin II, File)
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    Once again, TikTok is in a risky situation.

    This time, it faces a law that would prohibit the popular social media platform if it does not cut ties with ByteDance, its parent company based in Beijing.

    A bipartisan bill unanimously approved by a House panel on Thursday would compel the Chinese company to sell off TikTok and other apps it owns within six months of the law's enactment to avoid a nationwide ban. The law also establishes a process for the executive branch to block access to other apps that pose a national security threat.

    House Majority Leader Steve Scalise announced on Thursday that he plans to bring the bill to a vote in the House next week. The situation in the Senate is uncertain, as several bills seeking to ban TikTok have not made progress.

    President Joe Biden stated to reporters at Joint Base Andrews on Friday, "If they pass it, I'll sign it."

    Here's what you need to understand: Why are lawmakers worried about TikTok?

    Lawmakers from both parties have long been worried that Chinese authorities could compel ByteDance to hand over data on the 170 million Americans who use TikTok. This concern arises from Chinese national security laws that require organizations to assist with intelligence gathering, a requirement that ByteDance would likely have to comply with, as well as other extensive ways the authoritarian Chinese government wields control.

    TikTok has consistently denied claims that it could be used as a tool of the Chinese government. The company has stated that it has never shared U.S. user data with Chinese authorities and will not do so even if requested. So far, the U.S. government has not presented any evidence demonstrating that TikTok has shared such information with Chinese authorities.

    In addition to security concerns, some lawmakers, researchers, and critics of TikTok also argue that the app censors content that is critical of Beijing. TikTok disputes this claim. What happened with previous attempts to ban TikTok? In 2020, former President Donald Trump tried to ban the social media platform through an executive order, but the courts blocked it after TikTok filed a lawsuit.The Biden administration rescinded that executive order but continued examining the platform through the secretive Committee on Foreign Investment in the U.S., an interagency group that reportedly threatened to ban TikTok last year unless its Chinese owners divested their shares. The White House confirmed last month that the review is still ongoing.

    Efforts by federal lawmakers to institute nationwide bans were stalled last year due to lobbying by TikTok, as well as by influencers and small businesses that use the platform. The American Civil Liberties Union and some digital rights groups have opposed a TikTok ban on the basis of free speech and argued that the new House bill would violate the rights of Americans who depend on the app for information, advocacy, and entertainment. How are TikTok users responding to the new bill?

    TikTok notified some users this week, urging them to contact their representatives regarding the measure, framing it as a “TikTok shutdown.”

    The company informed users that Congress was considering a “total ban” on the platform, which could harm many businesses, negatively affect countless creators across the country, and prevent artists from reaching an audience.

    On Thursday, numerous users flooded congressional offices with calls, causing some offices to disconnect their phones.

    In a joint statement released Thursday evening, Mike Gallagher, the Republican chair of the House Select Committee on the Chinese Communist Party, and Raja Krishnamoorthi, a ranking Democrat on the panel, criticized what they called TikTok’s intimidation campaign. The lawmakers, who introduced the bill, stated that the legislation was not a ban on TikTok but rather “about making sure” it doesn’t answer to the Chinese Communist Party.

    Krishnamoorthi also mentioned that TikTok’s notification to its users backfired and “proved the point” of the bill.

    “The fact that they used geo-location targeting to go after minor children to call congressional offices with misinformation about the bill caused so many members on the E&C Committee to vote in favor,” he said, referring to the House Energy and Commerce Committee.Is a national ban possible?

    Yes. If the bill gets signed into law and ByteDance chooses not to divest, TikTok could be banned in the U.S.

    Under the legislation, the platform would be prohibited from app stores – such as those offered by Apple and Google – as well as web hosting services until a divesture occurs. But even if that would happen, it’s likely that users could still have access to the platform using virtual private networks that bypass such restrictions, said telecom analyst Roger Entner, the founder of Recon Analytics.

    So far, most of the countries that have placed restrictions on TikTok prohibit its use on government devices. But a handful of countries have also imposed nationwide bans, including India, which banned TikTok and other Chinese platforms in 2020 over privacy and security concerns.

    Meanwhile, China itself has banned international social media platforms like Facebook and X from its borders. How could a ban impact Americans?

    In the likelihood that a nation-wide ban would happen, it would be bad news to small businesses who rely on the platform for marketing or sell products on TikTok Shop — the company’s e-commerce arm. It would also impact the lives of social media influencers who have spent years cultivating their following on the platform, and rely on it to acquire brand deals or other types of income.

    TikTok again finds itself in a risky situation. This time, it's due to legislation that could ban the popular social media platform if it doesn’t sever ties with ByteDance, its Beijing-based parent company. On Thursday, a House panel unanimously approved a bipartisan bill that would require the Chinese firm to divest…

    In the likelihood that a nation-wide ban would happen, it would be bad news to small businesses who rely on the platform for marketing or sell products on TikTok Shop — the company’s e-commerce arm. It would also impact the lives of social media influencers who have spent years cultivating their following on the platform, and rely on it to acquire brand deals or other types of income.

    ____

    Randall Barranco

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