The strange bedfellows opposing the bill that could ban TikTok

July 2024 · 10 minute read

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In today’s edition … Pressure mounts on Johnson over Ukraine … China doesn’t like Biden or Trump … but first …

On the Hill

The strange bedfellows opposing the bill that could ban TikTok

The House is set to vote on a bill today that would force ByteDance, the Beijing-based tech giant that owns TikTok, to divest from the app or face a ban in the United States.

China has long said it would block any sale of TikTok, raising the potential of a U.S. ban if the legislation becomes law.

The bill is causing a firestorm on Capitol Hill. But the battle lines of this debate are different from many other policy discussions in Washington, peppered with presidential politics, questions about free speech, the role of government regulation and the power of tech and social media.

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Here’s the state of play:

Bipartisan opposition

The bill, which will need two-thirds support of the House to pass today, is expected to advance. But the vote is not expected to be unanimous, and dissenters have raised a flurry of concerns, from the quick timeline to free-speech issues.

Two administration officials briefed House members Tuesday about alleged national security threats posed by TikTok. Lawmakers said that briefing was welcome and long overdue. But it didn’t necessarily change minds.

Rep. Mark Pocan (D-Wis.), a member of the Congressional Progressive Caucus, said he walked into the briefing undecided and with an open mind, but he left unconvinced. He said the briefers’ warnings about the impact of China’s ability to collect data on American TikTok users were “speculative in nature.”

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Rep. Sara Jacobs (D-Calif.) said the bill isn’t the answer. “Banning TikTok won’t protect Americans from targeted misinformation or misuse of their personal data, which American data brokers routinely sell and share,” she said in a statement to The Early. “This is a blunt instrument for serious concerns, and if enacted, would mark a huge expansion of government power to ban apps in the future.”

An expansion of the government’s ability to intervene in private companies is a concern on the right, too. Rep. Thomas Massie (R-Ky.) made a similar argument, suggesting the bill gives too much power to the government. 

The left-right mind meld on the issue goes beyond Capitol Hill. The American Conservative Union and the American Civil Liberties Union have both urged Congress to reject the bill, saying it violates the First Amendment’s protections for free speech. 

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Those opposed to the bill say better alternatives would be to require that companies protect consumers’ data or regulate social media algorithms. 

TikTok’s defense

TikTok argues that as many as 170 million people use the app in the U.S. each month. The company has long said it doesn’t pose a threat.

“In a letter to members of Congress on Monday, TikTok executive Michael Beckerman said the bill raised ‘serious constitutional concerns’ and was ‘being rushed through at unprecedented speed without even the benefit of a public hearing,’” our colleagues Drew Harwell, Cristiano Lima-Strong, Ellen Nakashima and Jacob Bogage write.

Some lawmakers echo those concerns, questioning why the push now, quickly moving to the House floor. 

Rep. Alexandria Ocasio-Cortez (D-N.Y.) said she hasn’t decided how she’ll vote on the bill but called the timeline “highly suspect.” She said she’s been given no answers by House leadership about why the bill is being put on the floor. And she said there has been little explanation from the U.S. intelligence community to TikTok’s massive user base about the concerns of the app, which includes millions of young people, activists and business owners who could mobilize in an election year. 

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Scrutiny of TikTok has increased since Hamas’s Oct. 7 attack on Israel. Rep. Mike Gallagher (R-Wis.), co-author of the bill, wrote an opinion piece in November saying that the algorithms TikTok pushed on U.S. users promoted anti-Israeli and pro-Hamas content. (TikTok said in November its “recommendation algorithm doesn’t ‘take sides’ and has rigorous measures in place to prevent manipulation.”)

But Rep. Raja Krishnamoorthi (D-Ill.), who worked with Gallagher on the bill, argued that it won’t lead to the elimination of TikTok. He pointed to Grindr, the LGBTQ dating app that still exists even after its Chinese owners sold their share when the U.S. government raised national security concerns.

Sen. Majority Leader Chuck Schumer (D-N.Y.), did not commit yesterday to bringing the bill up for a vote if it passes the House.

Pressure mounts on Johnson over Ukraine

"Pressure is mounting for Speaker Mike Johnson (R-La.) to quickly address aiding foreign allies as House Democrats and Republicans mount opposing measures that would supersede House GOP leadership and trigger votes on bills funding Ukraine, Israel, Taiwan and the U.S. border,” Leigh Ann reports with our colleagues Marianna Sotomayor, Liz Goodwin and Abigail Hauslohner.

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Here’s what’s happening: 

Multiple GOP lawmakers and aides — who like others in the story spoke on the condition of anonymity to discuss private conversations — say that Johnson has not made a decision to tackle supplemental funding and that options remain on the table to parse through. Johnson and his leadership team have promised to address supplemental funding, but not until Congress funds more than half of the government by next Friday.

The campaign

Biden aims to repair places left broken by previous economic strategies

Happening today: Biden is in Milwaukee to “unveil $3.3 billion in federal grants to remove or retrofit highways that separate minority neighborhoods in many cities from jobs, entertainment centers, hospitals and other services,” our colleagues David J. Lynch and Cleve R. Wootson Jr. report.

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At the White House

Biden or Trump? China can’t pick its ‘poison’ to mend strained ties.

“Two bowls of poison”: As the United States barrels toward a high-stakes rematch between Biden and Trump, who both clinched their parties’ nominations Tuesday night, “nearly every Chinese foreign policy expert agrees that neither [candidate] is a great option for Beijing,” our colleagues Christian Shepherd, Lyric Li and Lily Kuo report.

Here’s why: 

The case for Trump: “For China’s leaders, whether Trump or Biden would better serve Beijing’s interests is a question of tactics: How can Beijing best take on its main rival?” our colleagues write. “Theories of American decay have taken hold among many Chinese nationalists, who are increasingly convinced that China’s time is now.”

The Media

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We’re not taking sides here.

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