Proposed TikTok Legislative Measures Draw Bipartisan Senate Interest

Congress must act now to address national security issues surrounding TikTok, a bipartisan group of senators told us last week leading up to the House Commerce Committee's passage of two TikTok-related bills (see 2403070066). Meanwhile, presumptive Republican presidential nominee Donald Trump on Thursday defended TikTok, though he signed an executive order against the platform while president.

“I think we need drastic action on TikTok,” Sen. Richard Blumenthal, D-Conn., told us. Asked about the company’s First Amendment argument against a potential ban, Blumenthal said economic benefits for American TikTok creators don’t “justify” China’s surveillance of U.S. citizens and officials.

The U.S. never would have allowed the Soviet Union to operate a major media network during the Cold War, Senate Intelligence Committee Chairman Mark Warner, D-Va., told us. Though legal issues surround the House Commerce Committee’s bills, Warner is “intrigued” by the legislation from House Strategic Competition Committee Chairman Mike Gallagher, R-Wis., and ranking member Raja Krishnamoorthi, D-Ill. In addition, Warner said he recognizes some American citizens make a living on TikTok but said Chinese ownership is the challenge: “I would have no problem if this was a Brazilian company or a French company.”

China doesn’t have a First Amendment right to “spy” on Americans, said Sen. Josh Hawley, R-Mo. TikTok creators have a right to produce content, but the national security issues outweigh that, he said.

“I’m opposed to them operating in the U.S., and I think it’s good to hear that the House is making some progress,” said Sen. Roger Wicker, R-Miss. On the issue of First Amendment rights, Wicker said, “I think we can thread that needle.”

Both House Commerce Committee votes were unanimous, with 50 members in favor. House Speaker Mike Johnson, R-La., and FCC Commissioner Brendan Carr have voiced their support.

Trump wrote on Truth Social Thursday, “If you get rid of TikTok, Facebook and Zuckerschmuck will double their business,” he wrote, referring to Mark Zuckerberg, CEO of Facebook owner Meta. “I don’t want Facebook, who cheated in the last Election, doing better. They are a true Enemy of the People!” Trump reportedly met recently with a major TikTok investor and campaign supporter.

Some Senate Republicans last week expressed reservations about the legality, viability and impact of moving forward with the House proposals. “I’m not really nuts about banning things,” said Sen. Ron Johnson, R-Wis., noting Americans who rely on the app for income. “But I think you do need to be concerned about how the Chinese government’s using it.”

Banning TikTok might not solve the underlying issue with owner ByteDance, which is that the company can access public-facing data from any social media network, said Senate Intelligence Committee ranking member Marco Rubio, R-Fla. “I’m glad they’re moving on it, but it’s not the ByteDance ownership that’s the issue,” he said. “The issue is the algorithm” and the engine that recommends content to users.

“It’s very difficult for me not to see a linkage to the Chinese Communist Party with any company that has its roots in China,” said Sen. Thom Tillis, R-N.C. “Putting pressure on [TikTok] is a good idea. Whether or not it withstands judicial scrutiny, we’ll have to see.”

The Senate Commerce Committee will continue exploring legislation, said Chair Maria Cantwell, D-Wash., citing her draft bill, the Guard Act. The legislation, which she circulated in 2023, would give the Commerce Department greater authority to limit access to the app. Secretary Gina Raimondo has expressed her support for the proposal. Empowering Commerce with a “statutory set of tools” could enable a comprehensive approach to all platforms posing national security risks, said Raimondo in October. Cantwell said she’s continuing to “work with agencies” on the legislation.