Protecting Americans from Foreign Adversary Controlled Applications Act

Protecting Americans from Foreign Adversary Controlled Applications Act
Great Seal of the United States
Long titleAn Act to 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.
Enacted bythe 118th United States Congress
Announced inthe 118th United States Congress
Citations
Statutes at Large138 Stat. 955
Codification
U.S.C. sections created15 U.S.C. § 9901
Legislative history
United States Supreme Court cases
(2025)

The Protecting Americans from Foreign Adversary Controlled Applications Act (PAFACA) is an act of Congress that was signed into law on April 24, 2024, as part of Public Law 118-50. It would ban social networking services within 270 to 360 days if they are determined by the president of the United States and relevant provisions to be a "foreign adversary controlled application"; the definition covers websites and application software, including mobile apps. The act explicitly applies to ByteDance Ltd. and its subsidiaries—including TikTok—without the need for additional determination. It ceases to be applicable if the foreign adversary controlled application is divested and no longer considered to be controlled by a foreign adversary of the United States.[b]

PAFACA was introduced as H.R. 7521 during the 118th United States Congress by representatives Mike Gallagher and Raja Krishnamoorthi,[c] following years of various attempts by federal lawmakers to ban TikTok in the country. The bill was passed by the House of Representatives on March 13, 2024. A modified version was passed by the House on April 20 as a rider to a foreign aid package, which was then passed by the Senate on April 23.

The bill was the subject of extensive lobbying by TikTok and ByteDance, as well as several advocacy groups and corporations. Critics of the act say a forced sale under the threat of a ban may be a violation of the First Amendment or motivated by political opinions regarding the Israel–Hamas war, and that a comprehensive privacy legislation would be more appropriate than singling out TikTok. TikTok and ByteDance filed a lawsuit against the legislation on May 7, 2024. A separate lawsuit by several TikTok content creators was filed a week later. On December 6, the U.S. District of Columbia Circuit Court of Appeals ruled against the company and content creators and upheld the law, while TikTok filed an appeal on December 16 with the U.S. Supreme Court. On December 18, the Supreme Court agreed to hear the case and scheduled oral arguments for January 10.

Background

TikTok has more than 150 million monthly users in the U.S. The company has come under scrutiny since 2020, with American national security officials and lawmakers warning that its parent ByteDance's ties to China are national security risks and the Chinese government could access TikTok data to spy on Americans.

Prior regulatory actions

Main article: Restrictions on TikTok in the United States
See also: Censorship of TikTok

In May 2019, President Donald Trump issued Executive Order 13873 that declared a national emergency related to the security of U.S. supply chains for information and communications technology and services (ICTS), and Trump subsequently issued Executive Order 13942 in August 2020 to augment the previous executive order under the International Emergency Economic Powers Act (IEEPA) by directing the Secretary of Commerce to restrict TikTok's U.S. operations.[1][2] TikTok and ByteDance filed a lawsuit against Executive Order 13942 that argued that it exceeded the statutory authority delegated under the IEEPA, and the court ruled in favor of the companies and issued a preliminary injunction in the case that barred the executive order from being enforced.[3][4] In 2019, the Committee on Foreign Investment in the United States (CFIUS) conducted a retroactive national security review and investigation of ByteDance's acquisition of musical.ly (which ByteDance subsequently merged with TikTok) and referred the transaction to Trump for a presidential decision–which indicated that CFIUS could not mitigate identified national security risks arising from the transaction.[5][6]

In August 2020, Trump issued a divestment order under Section 721 of the Defense Production Act (DPA) in response to the CFIUS review that required ByteDance to sell assets that support TikTok operations in the United States and U.S. user data obtained through TikTok and musical.ly, which TikTok and ByteDance challenged in a lawsuit under the Due Process Clause and Takings Clause of the Fifth Amendment and the Administrative Procedure Act.[7][8] Before the injunction in the Executive Order 13942 lawsuit was scheduled to expire in June 2021, President Joe Biden rescinded Executive Orders 13873 and 13942 under Executive Order 14034, and the lawsuit against Executive Order 13942 was voluntarily dismissed by the parties.[3] Executive Order 14034 more broadly required the Secretary of Commerce to identify and address national security risks from foreign internet and software based applications operating in the United States,[4] but left the national emergency declaration and the DPA divestment order in place.[7]

In January 2021, the Commerce Department issued an interim final rule and request for comments under Executive Order 13873 for ICTS supply chains that Executive Order 14034 expanded, and the Commerce Department issued a final rule for ICTS supply chains in June 2023.[9] However, as of September 2023, the Commerce Department had not blocked any transactions under the ICTS supply chain rule and had only invoked the rule to subpoena PRC-based companies providing ICTS in the United States.[10] Following the presidential transition of Joe Biden, the companies and the government filed a joint request in the DPA divestment order case for it to be held in abeyance while the parties attempted to negotiate a mutual agreement that the court granted in February 2021 and required the government to file status reports on the negotiations every 60 days.[7][8] In December 2022, the No TikTok on Government Devices Act signed into law by Biden as part of the Consolidated Appropriations Act, 2023 required the Office of Management and Budget (OMB) to establish deadlines and develop guidelines for federal executive agencies to remove TikTok from all U.S. government computers and information technology that OMB issued in February 2023.[11]

National security concerns

A March 2024 report from the Office of the Director of National Intelligence (ODNI) said TikTok accounts of a People's Republic of China propaganda arm "reportedly targeted candidates" during the 2022 United States elections.[12] Avril Haines, the U.S. Director of National Intelligence, said "we cannot rule out" that China could use TikTok to influence the 2024 United States elections.[13] Lawmakers on the House Energy and Commerce Committee received a closed-door hearing on this from the ODNI, the Federal Bureau of Investigation and the Department of Justice. They were told that China can weaponize user data through propaganda and misinformation and that TikTok can spy on users' microphones, keystrokes, and other apps.[14] Haines, along with CIA Director William Burns, DIA Director Scott Berrier, NSA Director Paul Nakasone, and FBI Director Christopher Wray, testified before the Senate Intelligence Committee in March 2023 that the PRC may influence content shown to Americans through TikTok's content moderation and recommendation algorithms.[15][16][17] Burns, Haines, and Wray had previously expressed the data collection and content manipulation concerns in various media interviews and in testimony before the House Homeland Security Committee.[18] In the same month, Secretary of State Antony Blinken testified before the House Foreign Affairs Committee that TikTok was a national security threat that should be "ended one way or another."[19]

Nazak Nikakhtar, a former Trump Commerce Department official and partner at Wiley Rein, told Axios that Beijing-based ByteDance is required to follow the 2017 National Intelligence Law that could give the Chinese government access to TikTok user data even if stored elsewhere and that even with a forced sale, TikTok would still need to completely scrub its source code.[20] Some cybersecurity experts have argued that these concerns are largely hypothetical,[21][22] and that there is a lack of public evidence to show Chinese government accessing American user data or TikTok sharing such information with Chinese authorities.[22][23] According to computer security specialist Bruce Schneier, TikTok's ownership may not be the real issue. Recent examples show that influence operations can be conducted without ever owning a platform, such as how Russia interfered in the 2016 US elections in part through Facebook.[24] A TikTok spokesperson said the company regularly takes action against covert influence networks, adding that after "more than 150 elections globally" it continues to work with electoral commissions, experts and fact-checkers during the 2024 election year.[12] Conversely, audio recordings leaked in June 2022 from more than 80 internal company meetings at TikTok revealed that ByteDance employees in China have repeatedly accessed American user data.[25][26][27][28] As of June 2023, the Justice Department was investigating an incident that TikTok acknowledged occurred where company employees in China had accessed the user data of American journalists.[29][30]

In February 2023, former Deputy National Security Advisor Matt Pottinger testified before the House Select Committee on the Chinese Communist Party that it had been confirmed that ByteDance had used TikTok to surveil American journalists to identify and retaliate against their sources.[31] A year earlier, TheWrap reported that two studies conducted by white hat cybersecurity experts found that TikTok has the ability to circumvent the code audits of Apple's and Google's app stores and the app uses device tracking software that exceeds the capabilities of Facebook and Twitter.[32][33] ByteDance has asserted that it should not be considered as a PRC company since it is incorporated in the Cayman Islands,[34] and TikTok stated in responses to questions for the record for the House Energy and Commerce Committee in March 2023 that "ByteDance's products follow the local laws and regulations of the countries they operate in".[35] Conversely, PRC officials have referred to ByteDance as a PRC company in public statements and have asserted that the company is obligated to comply with PRC data security and export control regulations with respect to any divestment of TikTok.[36]

In September 2020, the Commerce Department asserted in court filings that ByteDance has close ties to the Chinese Communist Party (CCP), had a cooperation agreement with a PRC security agency, and had over 130 CCP members in management positions.[27] In 2021, the China Internet Investment Fund (which is capitalized by the Cyberspace Administration of China and the PRC Ministry of Finance) acquired a 1% golden share and a seat on the board of directors of the company that owns TikTok's technology, Beijing Douyin Information Services, by financing the golden share's acquisition through a separate company, WangTouZhongWen Technology.[34] While TikTok stated to the House Energy and Commerce Committee that the company "has never shared, or received a request to share, U.S. user data with the [PRC] government",[35] TikTok also indicated that 7 years' worth of U.S. user data is stored at data centers located in China.[37] While TikTok CEO Shou Zi Chew claimed in testimony before the House Energy and Commerce Committee in March 2023 that research conducted at the Citizen Lab of the University of Toronto found that "there was no overt data transmission by TikTok to the Chinese government", the researchers at the university disputed Chew's characterization of their analysis and instead stated that they had "no visibility into what happened to user data once it was collected and transmitted back to TikTok's servers."[15][38]

In May 2023, Forbes reported that TikTok stored the Social Security numbers and Taxpayer Identification Numbers of American users on servers in China that were accessible by ByteDance employees,[19] and Forbes reported the following November that TikTok's internal platform (that stores its most sensitive information) was inspected in-person by CCP cybersecurity agents ahead of the 20th National Congress of the CCP.[31] While denied by the company, a former ByteDance executive engaged in litigation against the company alleged in June 2023 that ByteDance's internal CPC committee was granted access to the user data of pro-democracy activists in Hong Kong in 2018 to monitor their communications and locations,[35][31] and a lawsuit filed against the company in the Northern Illinois U.S. District Court in December 2019 alleged that user data was harvested and sent to servers located in China.[39] While TikTok and ByteDance have acknowledged instances of suppression and promotion of content politically sensitive to the PRC that were identified by The Guardian in a 2019 review of the company's internal guidelines,[40] Chew stated in his testimony that content promotion is not done at the request of any government.[41]

In September 2023, the Global Engagement Center of the State Department issued a report that found ByteDance maintains "an internal list of persons who have been blocked from ByteDance platforms, including TikTok, for reasons such as advocating for Uyghur independence."[42] In November 2023, members of the U.S. Intelligence Community provided a classified briefing to the Senate Intelligence Committee and the Senate Commerce Committee about PRC global foreign malign influence operations on social media platforms including TikTok, while an Australian Strategic Policy Institute researcher testified before the House Select Committee on the CCP that TikTok has the ability to clandestinely shape narratives, elevate favorable opinions, and suppress negative comments and news about the PRC.[42] The District of Columbia Circuit Court of Appeals panel stated in its opinion in TikTok's lawsuit challenging PAFACA that "TikTok never squarely denies that it has ever manipulated content at the direction of the PRC" in response to submissions by the Justice Department that "'ByteDance and TikTok Global have taken action in response to PRC demands to censor content outside of China.'"[43][44]

Pro-Palestine hashtags

In 2023, an apparent spike in pro-Palestine content appeared on TikTok following the Israeli bombing of the Gaza Strip in response to the Hamas-led attack on Israel.[45][46][47] Representative Mike Gallagher (R-WI) decried "rampant pro-Hamas propaganda on the app" in his push for a ban. This was echoed by senators Josh Hawley and Marco Rubio.[45][46] Gallup polling data going back to 2010 shows that younger Americans, who are more likely to use TikTok, show greater sympathy for Palestine than Israel.[46][48]

The company also denied intentionally boosting pro-Palestine hashtags, saying regions such as the Middle East and South East Asia account for a significant proportion of its user views and content, and it is easy to cherry pick hashtags to fit certain narratives. Some for example may have fewer videos but receive more views, or be much older than newer tags.[46]

Provisions

PAFACA prohibits the distribution, maintenance, or updating of "foreign adversary controlled applications" by web hosting services and app stores unless the application's owners execute a "qualified divestiture" within 270 days of the application being designated as a foreign adversary controlled application.[49][50][51] This effectively bans affected services from the U.S. market.[52][53][54] While TikTok and the applications of ByteDance and its subsidiaries are explicitly designated as foreign adversary controlled applications under the law,[55] applications owned and operated by other companies may be designated if:

  1. The application is "a website, desktop application, mobile application, or augmented or immersive technology application" that allows registered users to "generate, share, and view text, images, videos, real-time communications, or similar content" and has at least 1 million monthly active users, unless the application's "primary purpose" is to allow "users to post product reviews, business reviews, or travel information and reviews";[49][50]
  2. The application is operated by persons domiciled in, headquartered in, maintaining a principal place of business in, or organized under the laws of a country designated as a U.S. foreign adversary under Section 4872(d)(2) of Title 10 of the United States Code,[b] or is operated by a company with at least 20% of its ownership stake held by such persons;[49][50][54]
  3. The application has been determined by the President to present a significant national security threat.[49][50][53]

The president may grant a one-time extension of the divestiture deadline by as long as 90 days if a path to a qualified divestiture has been identified, "significant" progress has been made to executing the divestiture, and legally binding agreements for facilitating the divestiture are in place.[49][57] For divestitures to qualify under PAFACA, the President must determine through an interagency process that the application is no longer controlled by, or has no operational relationship with, a foreign adversary after the transaction is completed, and restrictions under the law cease to apply upon completion of the transaction.[49][58][52] However, PAFACA does not require the owners of designated applications to execute a qualified divestiture.[59] Before the divestiture deadline, the company that owns the designated application must provide users their data from the service at their request and in a machine readable format.[49][57] Web hosting services and app stores that do not comply with the restrictions on distribution, maintenance, and updating of designated applications are subject to civil penalties of $5,000 per U.S. user that accesses, maintains, or updates the application, while the owners of designated applications are subject to civil penalties of $500 per U.S. user that is not provided their data as required by the law.[49][57]

The Attorney General is authorized under PAFACA to investigate potential violations of its terms and, upon determination of violations, to bring lawsuits in United States district courts for either the law's civil penalties or for declaratory or injunctive relief, but PAFACA does not clearly specify what actions the Attorney General may take to enforce the law by administrative proceedings.[60][59] Under PAFACA, petitions for review challenging the law itself or determinations made under the law may only be filed with the United States Court of Appeals for the District of Columbia Circuit.[61][62] Other bills in the 118th United States Congress had proposed removing exceptions under the International Emergency Economic Powers Act that allowed Executive Order 13942 to be successfully challenged in court, with some authorizing, in addendum to removing the IEEPA exceptions, for the executive branch to impose visa restrictions on the employees of companies that owned the designated applications, to require U.S. nationals employed by the companies to register as foreign agents under the Foreign Agents Registration Act, or the specific power to prohibit transactions with companies that knowingly provide the user data of persons within U.S. jurisdiction to the PRC.[63][1][64]

One bill would have authorized the creation of a new system to review transactions for national security risks to direct the President to create and maintain a list of "untrustworthy applications and social media entities" and require the Federal Communications Commission to issue rules prohibiting app stores and internet service providers from supporting the applications.[65][63] The proposed RESTRICT Act would have explicitly authorized review for information and communications technology and services transactions separate from the Commerce Department's ICTS supply chain rule created under the IEEPA, and would have created a separate process similar to the Committee on Foreign Investment in the United States to review foreign adversary holdings in ICTS companies.[66][9] Other proposals involved expanding data privacy frameworks or cross-border data transfers that would restrict TikTok's data collection.[67][50]

Legislative history

House of Representatives

On March 7, 2024, the House Energy and Commerce Committee, to whom the bill had been referred, voted unanimously to report the bill favorably and without amendment.[68] On March 13, PAFACA was passed by the House of Representatives.[69] The vote was 352 to 65, with 50 Democrats and 15 Republicans voting against the bill.[70]

On April 20, 2024, the House passed a foreign aid package (H.R. 8038), the 21st Century Peace through Strength Act, as part of Public Law 118-50. The bill incorporates a modified version of PAFACA, with the time allowed for a sale to complete increased from 180 days to a minimum of 270 days. By bundling a potential TikTok ban or divestment with foreign aid, which has traditionally enjoyed bipartisan support in both chambers, the House pressured the United States Senate to act quickly with a combined vote, because rewriting the bill to exclude the provisions on TikTok would delay foreign aid.[51][71]

Senate

Senator Rand Paul opposed the bill on First Amendment grounds and said he would hold it.[72] His opposition prevented a similar bill (S. 85) from proceeding in 2023 but was not expected to be able to stop the foreign aid package.[72][73] On April 23, 2024, the Senate passed the law, which included the 21st Century Peace through Strength Act along with three other bills, 79–18.[74] Regarding the potential of a political backlash, Senate Majority leader Chuck Schumer told reporters that House Republicans jammed the TikTok amendment into the $95 billion foreign aid package that could no longer wait and had to be "passed as quickly as possible". Republican political strategists pointed to the large Democrat following on TikTok and said that Biden, who signed the bill, will likely take the brunt of any blame.[75]

Lobbying

TikTok and ByteDance spent millions on lobbying against the bill.[76][77] Several civil liberties and digital rights advocacy organizations also lobbied against it, including the American Civil Liberties Union, the Electronic Frontier Foundation, the Knight First Amendment Institute, Fight for the Future, the Center for Democracy & Technology, Freedom of the Press Foundation, the Asian American Federation, Access Now, the Chinese Progressive Association, FreedomWorks and PEN America.[78] Groups lobbying for the bill included the Foundation for Defense of Democracies, State Armor Action, the Heritage Foundation, Americans for Prosperity, the American Principles Project, Hadassah and the Anti-Defamation League. Other industry and advocacy groups that reportedly lobbied for or against the bill included Oracle, Google, LinkedIn, Lenovo, Dell Technologies, the NCTA, the Competitive Carriers Association, and Issue One.[79]

Response

Before the vote, TikTok had been encouraging users to call representatives with a full-screen notification about the upcoming bill, causing many congressional offices to be inundated with calls.[80][81] During the House debate, various lawmakers mentioned the pop-up stating that the app was forcing its users to call their representative.[82][83] The United States House Select Committee on Strategic Competition between the United States and the Chinese Communist Party stated that TikTok's push for users to contact lawmakers may have been illegal and called for the Federal Trade Commission to investigate.[84]

On March 11, 2024, former president Donald Trump denounced the bill, claiming that it would give too much power to Facebook and its owner Meta.[85][86] Despite Trump denouncing the bill, many of his political allies voted in favor of it.[87] Other supporters of a ban included hedge fund manager Bill Ackman and former Facebook executive Samuel Lessin.[88]

Shortly after the House of Representatives vote, a spokesperson for China's Foreign Ministry said the bill was putting the U.S. on "the opposite side of the principle of fair competition and international economic and trade rules."[80] Representatives from the Chinese embassy met with U.S. congressional staffers to lobby against the legislation.[89] Sources told The Wall Street Journal that the Publicity Department of the Chinese Communist Party (CCP) instructed the country's state media outlets to increase positive coverage of ByteDance, although Beijing's overall response appeared to be muted.[90]

Some TikTok creators mobilized against the legislation.[91] Individuals interviewed by CNN reacted negatively to the bill.[22][92] North Carolina Representative Jeff Jackson, who had grown a large following on TikTok, voted in favor of the bill,[93] leading to backlash from users on the app that resulted in Jackson losing approximately 200,000 followers.[94][95]

Advocates and experts have called for Congress to pass comprehensive privacy legislation, rather than a bill focused mostly on TikTok.[92] Jameel Jaffer of the Knight First Amendment Institute said Congress can address the problems associated with TikTok "without restricting Americans' access" to it by "passing a comprehensive privacy law". Evan Greer of the digital rights advocacy group Fight for the Future called for "strong privacy legislation to protect our data from all Big Tech companies" and governments.[92] Justin Sherman, an adjunct professor at Duke University, said that TikTok's ownership by ByteDance "should prompt real national security questions" but "the US also needs comprehensive privacy and cybersecurity regulations for all companies." Critics of the legislation have outlined that American platforms such as Facebook and Twitter have been targeted by foreign influence operations, including by the Chinese government, in the recent past. As lawmakers focused their attention on TikTok, Facebook began allowing political ads again that questioned the 2020 U.S. presidential election results.[92]

A group of free speech and civil rights petitioners including the ACLU argued that the government "cannot accomplish indirectly what it is barred from doing directly". A potential ban to force a sale may violate the First Amendment, including prohibiting app stores from carrying TikTok, if the threat to national security does not justify such measures or if they are ineffective at addressing the underlying security concerns.[78]

House Majority Leader Steve Scalise reportedly pressured K Street lobbyist groups with ties to TikTok/ByteDance to disassociate from the company, under threat of investigation by the House Select Committee on the Chinese Communist Party and prohibition from holding future meetings with congressional offices. On May 9, 2024, trade association NetChoice removed TikTok (which the firm had represented since 2019) as a member, after previously defending it in other efforts to ban or force divestiture of the platform. (Four days earlier, NetChoice filed an amicus brief requesting that the Ninth Circuit Court of Appeals uphold an injunction against Montana SB 419, a 2023 law that sought to ban TikTok from operating in the state, which was blocked by U.S. District Court Judge Donald Molloy in November 2023 before it was enacted.)[96][97]

Israel–Hamas war

Some opponents to the bill stated that the renewed momentum for a ban stemmed from a belief that the unpopularity of Israel and the United States during the ongoing Israel–Hamas war grew because of TikTok, although evidence for that belief is unclear.[88][98] The Jewish Federations of North America expressed support for the proposed ban ahead of the House vote, stating that "social media is a major driver" of increased antisemitism in the United States and that "TikTok is the worst offender by far."[99] Sandra Tamari of Adalah said that if antisemitism was a concern, supporters of the TikTok ban would have also focused on X, which has many anti-Jewish conspiracies. The real reason, according to Tamari, is because "they don't have control over TikTok", which has allowed Palestinian voices to be heard directly.[100]

Edward Ahmed Mitchell, the national deputy director of the Council on American-Islamic Relations, said it would be "hypocritical for politicians" to restrict access to TikTok because of people expressing their support for Palestinian human rights on a platform that is less restrictive of such views, adding that young people have become more sympathetic to the Palestinians after getting information from outside of mainstream media.[45]

In May 2024, Senator Mitt Romney and House Representative Mike Lawler (both of whom backed the legislation) indicated that the PAFACA's passage was motivated by scrutiny from lawmakers supportive of Israel to criticism of both the Israel–Hamas war, and the Israel and United States governments' handling of the conflict, blaming TikTok in particular and social media more generally for shaping public opinion against Israel and contributing to protests opposing the war. Such claims spurred criticism from free speech and civil liberties advocates that the bill was intended as an implicit act of viewpoint discrimination prohibited by the First Amendment.[101][102][103]

This section is an excerpt from TikTok v. Garland.[edit]
Wikinews has related news:

TikTok, Inc. v. Garland is a lawsuit brought by social media company TikTok against the United States government. Chinese internet technology company ByteDance Ltd. and its subsidiary TikTok, Inc. claim that the Protecting Americans from Foreign Adversary Controlled Applications Act (PAFACA) violates the Freedom of Speech Clause of the First Amendment, the Bill of Attainder Clause of Article One, Section Nine, and the Due Process Clause and Takings Clause of the Fifth Amendment.[104][105][106] The law bans or requires divestment of social media apps meeting specified criteria that are owned by foreign corporations from, or by corporations owned by foreign nationals from, countries designated as U.S. foreign adversaries and that have been determined by the President to present a significant national security threat, and explicitly defines TikTok and any application operated by a ByteDance subsidiary as a "foreign adversary controlled application" under the law.[55]

On December 6, 2024, a panel of judges on the U.S. District of Columbia Circuit Court of Appeals unanimously rejected the company's claims about the constitutionality of the law and upheld it.[107][108][109] After the DC Circuit Court of Appeals panel rejected the company's request for an injunction on December 13 against the law's ban until a full review is conducted by the U.S. Supreme Court,[110][111] TikTok appealed the injunction decision to the Supreme Court on December 16.[112][113] On December 18, the Supreme Court announced that it would hear the First Amendment claims for the case and scheduled oral arguments for January 10.[114] It was consolidated for consideration with Firebaugh v. Garland, a lawsuit filed by TikTok content creators against the law.[115][116]

Notes

  1. ^ a b Incorporated as a provision of H.R. 815 Public Law 118-50.
  2. ^ a b This currently includes China, Russia, North Korea, and Iran.[56]
  3. ^ Gallagher and Krishnamoorthi—the former of whom retired from Congress on April 24, 2024, one day after the legislation's full passage—served as co-chairs of the House Select Committee on Strategic Competition between the United States and the Chinese Communist Party at the time of the bill's drafting and initial House vote.[citation needed]

References

  1. ^ a b CRS 2023c, pp. 1–2.
  2. ^ CRS 2024c, pp. 9–10.
  3. ^ a b CRS 2023c, p. 2.
  4. ^ a b CRS 2024c, p. 10.
  5. ^ CRS 2023c, pp. 2–3.
  6. ^ CRS 2024c, pp. 2, 8–9.
  7. ^ a b c CRS 2023c, p. 3.
  8. ^ a b CRS 2024c, p. 9.
  9. ^ a b CRS 2023c, pp. 3–4.
  10. ^ CRS 2023c, p. 4.
  11. ^ CRS 2024c, p. 11.
  12. ^ a b Culhane, Mallory (March 11, 2024). "The Chinese government is using TikTok to meddle in elections, ODNI says". Politico. Archived from the original on April 17, 2024. Retrieved April 25, 2024. ODNI alleges that "TikTok accounts run by a PRC propaganda arm reportedly targeted candidates from both political parties during the U.S. midterm election cycle in 2022,"...To date, there have been no concrete examples publicly provided showing how TikTok poses a national security threat, though lawmakers on the House Energy and Commerce Committee received a closed-door hearing last Thursday from ODNI, the FBI and the Department of Justice.
  13. ^ Michael Martina and Patricia Zengerle, US spy chief "cannot rule out" that China would use TikTok to influence US elections, Reuters (March 12, 2024).
  14. ^ Senators get "shocking" look at TikTok's spy Archived April 14, 2024, at the Wayback Machine, Axios (March 21, 2024).
  15. ^ a b CRS 2023a, p. 2.
  16. ^ "Hearings". U.S. Senate Intelligence Committee. March 8, 2023. Archived from the original on December 17, 2024. Retrieved December 22, 2024.
  17. ^ "Open Hearing: The 2023 Annual Threat Assessment of the U.S. Intelligence Community – Hearing Before the Select Committee on Intelligence of the United States Senate One Hundred Eighteenth Congress First Session" (PDF). U.S. Government Publishing Office. March 8, 2023. pp. 25–27, 40–41. Retrieved December 23, 2024.
  18. ^ HR Report 118-417 2024, p. 8.
  19. ^ a b HR Report 118-417 2024, p. 10.
  20. ^ Sabin, Sam (March 15, 2024). "China's national security laws are fueling TikTok fears". Axios. Archived from the original on March 16, 2024. Retrieved April 21, 2024.
  21. ^ "House approves sell-or-be-banned TikTok measure, attaching it to foreign aid bill". WPR. Archived from the original on April 27, 2024. Retrieved April 27, 2024. Those concerns remain largely hypothetical. TikTok is owned by Chinese tech giant ByteDance, yet there is no publicly available evidence that government officials have ever influenced what Americans see on the app, nor any proof that officials in China have spied on U.S. citizens through TikTok.
  22. ^ a b c Fung, Brian (March 12, 2024). "TikTok creators fear a ban as the House prepares to vote on a bill that could block the app in America". CNN. Archived from the original on March 14, 2024. Retrieved March 14, 2024. Cybersecurity experts say that the national security concerns surrounding TikTok remain a hypothetical—albeit concerning—scenario. US officials have not publicly presented evidence that the Chinese government has accessed the user data of US TikTok users. ... a strain of fear and racism, echoing many other Asian-Americans who have looked on with growing alarm. Creators interviewed by CNN say they have not personally viewed any content on TikTok that could be described as Chinese propaganda, however. Multiple creators say the House bill ... would almost certainly disrupt the organic communities they've built.
  23. ^ "House overwhelmingly votes to ban TikTok if its Chinese owner doesn't sell". Fortune. Archived from the original on April 4, 2024. Retrieved April 26, 2024. To date, the U.S. government also has not provided any evidence that shows TikTok shared such information with Chinese authorities.
  24. ^ Klippenstein, Ken (March 16, 2024). "TikTok Threat Is Purely Hypothetical, U.S. Intelligence Admits". The Intercept. Archived from the original on April 23, 2024. Retrieved April 22, 2024. The problem with TikTok isn't related to their ownership. In 2016 Russia did this with Facebook and they didn't have to own Facebook—they just bought ads like everybody else. Trump signed a covert action order authorizing the CIA to use social media to influence and manipulate domestic Chinese public opinion and views on China.
  25. ^ Baker-White, Emily (June 17, 2022). "Leaked Audio From 80 Internal TikTok Meetings Shows That US User Data Has Been Repeatedly Accessed From China". BuzzFeed News. Archived from the original on June 24, 2022. Retrieved June 29, 2022.
  26. ^ CRS 2023a, p. 1.
  27. ^ a b HR Report 118-417 2024, p. 7.
  28. ^ Sternlicht, Alexandra (April 15, 2024). "Some ex-TikTok employees say the social media service worked closely with its China-based parent despite claims of independence". Fortune. Archived from the original on April 15, 2024. Retrieved April 15, 2024.
  29. ^ CRS 2023b, p. 7.
  30. ^ Duffy, Clare (December 22, 2022). "TikTok confirms that journalists' data was accessed by employees of its parent company". CNN. Archived from the original on April 11, 2023. Retrieved December 22, 2024.
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