Here’s what to know about the three leading bills to crack down on TikTok
Christopher Hutton
At least three serious bills have been introduced to restrict TikTok as Congress grows more skeptical of its ties to the Chinese Communist Party and its vast influence over U.S. culture.
Anti-TikTok sentiment has grown in recent months following a ban on installing the app on government-owned devices. Some legislation calls for an outright ban, while others would empower regulators such as the Commerce Department to decide what is allowed in the United States. Even the White House has voiced support for reining in TikTok’s market prominence.
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Here’s a guide to the bills.
RESTRICT Act: Sens. Mark Warner (D-VA) and John Thune (R-SD) submitted the RESTRICT Act last week to provide a “holistic” response to TikTok.
The bill would not ban TikTok outright. Instead, it would offer regulators new powers to crack down quickly on TikTok or other apps affiliated with adversarial governments — which proponents say would be better than a simple ban.
Specifically, the legislation would require the Commerce Department to establish a new set of guidelines to “deter, disrupt, prevent, prohibit, investigate, or otherwise mitigate” the conduct of companies based in China, Russia, and North Korea. The guidelines only apply if the company can access the “sensitive personal data” of more than a million residents.
The RESTRICT Act was announced with a dozen co-sponsors in the Senate on both sides of the aisle, and staff claims that number is rising.
It also has the backing of the White House, which argues that it may offer the best options to date for reining in the company.
Critics say it would not ban TikTok. Of note, TikTok has also said it prefers the RESTRICT Act.
Deterring America’s Technological Adversaries Act: Rep. Michael McCaul (R-TX) introduced the DATA Act in February and fast-tracked it to a House Foreign Affairs Committee vote within a week of its release. The bill would require President Joe Biden and the White House to impose penalties, including a possible ban, upon a foreign company like TikTok if it knowingly transferred user data to “any foreign person” affiliated with the Chinese government. The bill passed the committee with a vote along party lines. Republicans voted in favor, while Democrats opposed the bill because it could stifle free speech.
The DATA Act directly names TikTok in the legislation and appears to be in response to revelations over the summer that Chinese employees had previously received access to U.S. user data.
ANTI-SOCIAL CCP ACT: Sen. Marco Rubio (R-FL) and Rep. Mike Gallagher (R-WI) submitted legislation in December that would block and prohibit all transactions from a social media company in China, Russia, or other nations of concern. Rubio’s bill explicitly targets TikTok by design and would allow Congress to ban all Chinese apps outright if passed. The legislation burnishes Rubio’s credentials as a strong critic of China, but it lacks bipartisan support.
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White House and CFIUS: Congress is not the only entity trying to rein in TikTok. The Committee on Foreign Investment in the United States, or CFIUS, has reviewed TikTok’s operation for 18 months. The company has proposed several changes to its U.S. operations to ensure that the CCP cannot abuse it, including storing user data on local servers and regular moderator teams reviewing the app’s algorithm. CFIUS has not been convinced yet, so the plan appears to be stuck in limbo.
Bonus background: Trump tried to force a purchase: Much of the past legislation is building off the efforts of the previous administration. The Trump White House tried to use a 2020 executive order to force the app either to find a new owner in the U.S. or be excluded. Microsoft had been considered a possible buyer, but it pulled out of the deal. The ban was eventually dropped by Biden in 2021.