The House votes in favor of a possible TikTok ban in the US, but don’t expect the app to disappear anytime soon

WASHINGTON (AP) — The House on Saturday passed legislation that would ban TikTok in the United States if the China-based owner of the popular social media platform doesn’t sell its stake within a year, but don’t expect the app to disappear anytime soon.

House Republicans’ decision to include TikTok as part of a larger foreign aid package, a priority for President Joe Biden with broad congressional support for Ukraine and Israel, accelerated the ban after an earlier version stalled in Senate. A independent invoice with a shorter sales period of six months, passed the House in March by an overwhelming bipartisan vote, while both Democrats and Republicans expressed National security concerns about the app owner, the Chinese technology company ByteDance Ltd.

The modified measure, approved by 360 votes to 58, now goes to the Senate after negotiations that extended the company’s sale period to nine months, with a possible three additional months if the sale is ongoing.

Legal challenges could extend that deadline even further. The company has indicated that it will likely go to court to try to block the law if it passes, arguing that it would deprive millions of users of their First Amendment rights.

TikTok lobbied hard against the legislation, putting pressure on the app’s 170 million U.S. users — many of whom are young — call Congress and express opposition. But the ferocity of the resistance has angered lawmakers on Capitol Hill, where there is widespread concern about Chinese threats to the U.S. and where few members use the platform themselves.

“We will not stop fighting and defending you,” said TikTok CEO Shou Zi Chew in a video posted on the platform last month and aimed at the app’s users. “We will continue to do everything we can, including exercising our legal rights, to protect this incredible platform we have built with you.”

The bill’s swift progress through Congress is extraordinary because it targets one company and because Congress has taken a lackadaisical approach to technology regulation for decades. Lawmakers have failed to act despite efforts to protect children online, safeguard user privacy and make companies more responsible for content posted on their platforms, among other measures. But the TikTok ban reflects lawmakers’ widespread concerns about China.

Members of both parties, along with intelligence officials, fear that Chinese authorities could force ByteDance to hand over American user data or instruct the company to suppress or enhance TikTok content favorable to its interests. TikTok denied claims that it could be used as a Chinese government tool and said it did not share US user data with Chinese authorities.

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The US government has not publicly provided evidence showing TikTok shared U.S. user data with the Chinese government or tinkered with the company’s popular algorithm, which influences what Americans see.

The company has good reason to think a legal challenge could be successful, having seen some success in previous legal fights over its US operations. In November, a federal judge blocked a Montana law it would ban the use of TikTok statewide after the company and five content creators who use the platform sued.

In 2020, federal courts blocked an executive order issued by then-President Donald Trump to ban TikTok after the company sued claiming the order violated free speech and due process rights. His administration brokered a deal that would see North American companies Oracle and Walmart acquire a large stake in TikTok. The sale never went through for several reasons; one of them was China, which imposed stricter export controls on its technology suppliers.

Dozens of states and the federal government have banned TikTok on government devices. The Texas ban was challenged last year by Columbia University’s Knight First Amendment Institute, which argued in a lawsuit that the policy was impeding academic freedom because it extended to public universities. In December, a federal judge ruled in favor of the state.

Organizations such as the American Civil Liberties Union supported the app. “Congress cannot take away the rights of more than 170 million Americans who use TikTok to express themselves, engage in political advocacy and access information from around the world,” said Jenna Leventoff, an attorney for the group.

Since mid-March, TikTok has spent $5 million on TV ads that oppose the legislation, according to AdImpact, an advertising tracking company. The ads included several content creators, including a nun, extolling the platform’s positive impacts on their lives and arguing that a ban would trample the First Amendment. The company also encouraged its users to contact Congress, and some lawmakers received calls with swear words.

“It is regrettable that the House of Representatives is using the cover of important foreign and humanitarian assistance to once again block the passage of a prohibition bill that would trample the free speech rights of 170 million Americans, devastate 7 million businesses and would shut down a platform that contributes $24 billion to the U.S. economy annually,” said Alex Haurek, a company spokesperson.

California Representative Ro Khanna, a Democrat, voted against the legislation. He said he thinks there could have been less restrictive ways to go after the company that wouldn’t result in an outright ban or threaten free speech.

“I don’t think it will be well received,” Khanna said. “It’s a sign that the Beltway is out of step with where voters are.”

Nadya Okamoto, a content creator who has about 4 million followers on TikTok, said she has been talking to other creators who are feeling “a lot of anger and anxiety” about the bill and how it will affect their lives. The 26-year-old, whose company “August” sells menstrual products and is known for advocating for the destigmatization of periods, makes most of her income from TikTok.

“This will have real repercussions,” she said.

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Hadero reported from New York.