No TikTok on United States Devices Act This bill imposes sanctions on the parent company of the TikTok social media service, ByteDance Limited, as long as it is involved with TikTok. Specifically, the President must impose property-blocking sanctions on ByteDance or any successor entity or subsidiary if it is involved in matters relating to (1) TikTok or any successor service; or (2) information, video, or data associated with such a service. The Office of the Director of National Intelligence (ODNI) must report to Congress on any national security threats posed by TikTok, including the ability of China's government to access or use the data of U.S. users of TikTok. Within 180 days of this bill's enactment, ODNI must brief Congress on the implementation of the bill.
Impact
The legislation emphasizes national security by mandating a report from the Director of National Intelligence (DNI) within 120 days of enactment. This report must outline the possible threats TikTok poses, including the Chinese government's ability to exploit user data for surveillance or military purposes. Additionally, a classified briefing to Congress is required after 180 days, ensuring legislative oversight on this critical issue. If enacted, the bill represents a significant shift in how foreign-owned digital platforms are reviewed and regulated in the U.S., particularly regarding data access and national security.
Summary
SB85, titled the 'No TikTok on United States Devices Act,' aims to impose sanctions against TikTok's parent company, ByteDance Limited. The bill's primary objective is to mitigate potential threats posed by TikTok related to user data security and national security concerns, particularly highlighting the risks of the Chinese government's access to sensitive information of U.S. citizens. The bill empowers the President to block transactions involving ByteDance's properties within U.S. jurisdiction, emphasizing the need for greater control over foreign entities that could exploit American user data.
Contention
Notably, there may be contentious debates surrounding this legislation, especially concerning implications for free speech and access to social media platforms. Critics of such bans often argue that actions against TikTok could be seen as a form of censorship and may lead to public pushback regarding privacy rights in the digital space. Moreover, enforcing sanctions on companies like ByteDance could impact various stakeholders, including content creators and users who rely on TikTok for their livelihood. Thus, balancing national security interests with individual rights and economic factors will likely be a point of contention in discussions about SB85.
Terminate TikTok on Campus Act of 2023 This bill prohibits an institution of higher education (IHE) from receiving federal funds unless the IHE takes certain actions to ban the use of the social media video application TikTok. Specifically, the IHE must develop and implement standards and guidelines (1) prohibiting the use of TikTok on electronic devices owned or issued by the IHE, and (2) requiring the removal of TikTok from these devices. The bill includes an exception for research that (1) is conducted, supervised, or authorized by an IHE's faculty; and (2) pertains to national security, law enforcement, telecommunications, or cybersecurity.
Protecting Personal Data from Foreign Adversaries Act This bill authorizes sanctions and other prohibitions relating to software that engages in user data theft on behalf of certain foreign countries or entities. The President may regulate or prohibit transactions using software that engages in the theft or unauthorized transmission of user data and provides access to such data to (1) a communist country, (2) the Chinese Communist Party (CCP), (3) a foreign adversary, or (4) a state sponsor of terrorism. The President may also impose visa- and property-blocking sanctions on developers and owners of software that makes unauthorized transmissions of user data to servers located in China that are accessible by China's government or the CCP. The Department of State shall report to Congress a determination regarding whether WeChat or TikTok fall within certain regulations and prohibitions, including those provided under this bill. (WeChat and TikTok are software programs developed by China-based companies.)