Senate approves legislation requiring TikTok’s parent company to divest or risk U.S. prohibition

The Senate passed legislation on Tuesday that would require TikTok’s China-based parent company, ByteDance, to sell the popular social media platform or face a ban in the U.S. The bill, included in a $95 billion foreign aid package, was approved by a vote of 79-18 and now awaits President Joe Biden’s signature.

The legislation gives ByteDance nine months to divest its stakes in TikTok, with a possible three-month extension if a sale is in progress. It also prohibits the company from controlling TikTok’s algorithm, which is a key feature of the app.

Lawmakers have long expressed concerns about Chinese influence and potential data security risks associated with TikTok, which is used by 170 million Americans. The bill aims to prevent foreign adversaries from conducting espionage and harming U.S. citizens.

Opponents of the legislation argue that a comprehensive federal data privacy law targeting all companies would be a better approach to protecting consumers. They also question the urgency of the threat posed by TikTok and the constitutional validity of the bill.

ByteDance has indicated it will challenge the legislation in court, with TikTok’s head of public policy for the Americas stating that legal action will be taken once the bill is signed into law.

The company has previously succeeded in court challenges, including blocking a Montana law that sought to ban TikTok’s use in the state. TikTok also successfully challenged an executive order by former President Donald Trump to ban the app.

As the future of TikTok hangs in the balance, content creators who rely on the platform for income have been vocal in their opposition to the legislation. They argue that TikTok is a safe platform for users and have raised concerns about the impact of a potential ban on their livelihoods.