White House endorses new Senate TikTok bill, urges Congress to pass it ‘quickly’
U.S. Senator Mark Warner (D-VA) and other U.S. senators unveil legislation that would allow the Biden administration to “ban or prohibit” foreign technology products such as the Chinese-owned video app TikTok during a news conference on Capitol Hill in Washington, March 7, 2023.
Bonnie Cash | Reuters
The White House threw its support behind a new bipartisan Senate bill on Tuesday that would give the Biden administration the power to ban TikTok in the U.S.
The legislation would empower the Commerce Department to review deals, software updates or data transfers by information and communications technology in which a foreign adversary has an interest. TikTok, which has become a viral sensation in the U.S. by allowing kids to create and share short videos, is owned by Chinese internet giant ByteDance.
Under the new proposal, if the Commerce secretary determines that a transaction poses “undue or unacceptable risk” to U.S. national security, it can be referred to the president for action, up to and including forced divestment.
The bill was dubbed the RESTRICT Act, which stands for Restricting the Emergence of Security Threats that Risk Information and Communications Technology.
Sen. Mark Warner, D-Va., who chairs the Senate Intelligence Committee, formally unveiled the legislation on Capitol Hill alongside a bipartisan group of Senate co-sponsors. The White House issued a statement publicly endorsing the bill while Warner was briefing reporters.
“This bill presents a systematic framework for addressing technology-based threats to the security and safety of Americans,” White House national security adviser Jake Sullivan said in a statement, adding that it would give the government new tools to mitigate national security risks in the tech sector.
Sullivan urged Congress “to act quickly to send the bill to the President’s desk.”
“Critically, it would strengthen our ability to address discrete risks posed by individual transactions, and systemic risks posed by certain classes of transactions involving countries of concern in sensitive technology sectors,” said Sullivan.
A TikTok spokeswoman did not respond Tuesday to CNBC’s request for comment.
Sullivan’s statement marks the first time a TikTok bill in Congress has received the explicit backing of the Biden administration, and it catapulted Warner’s bill to the top of a growing list of congressional proposals to ban TikTok.
As of Tuesday, Warner’s legislation did not yet have a companion version in the House. But Warner told CNBC he already had “lots of interest” from both Democrats and Republicans in the lower chamber.
Warner declined to say who he and Republican co-sponsor Sen. John Thune, R-S.D., might look to for support in the House, but added, “I’m very happy with the amount of interest we’ve gotten from some of our House colleagues.”
Earlier this month, the House Foreign Affairs Committee passed a bill that, if it became law, would compel the president to impose sanctions on Chinese companies that could potentially expose Americans’ private data to a foreign adversary.
But unlike Warner’s bill, the House legislation, known as the DATA Act, has no Democratic co-sponsors, and it advanced out of committee along party lines, complicating its prospects in the Democratic-majority Senate.
Senators introducing the bill on Tuesday emphasized that unlike some other proposals, their legislation does not single out individual companies. Instead, it aims to create a new framework and a legal process for identifying and mitigating specific threats.
“The RESTRICT Act is more than about TikTok,” Warner told reporters “It will give us that comprehensive approach.”
Christina Wilkie | CNBC
The new Senate bill defines foreign adversaries as the governments of six countries: China, Russia, Iran, North Korea, Venezuela and Cuba. It also says it will apply to information and communication technology services with at least 1 million U.S.-based annual active users or that have sold at least 1 million units to U.S. customers in the past year.
That could reach far beyond TikTok, which in 2020 said it had 100 million monthly active users in the U.S.
The company has been under review by the Committee on Foreign Relations in the U.S. stemming from ByteDance’s 2017 acquisition of Musical.ly, which was a precursor to the popular video-sharing app.
But that process has stalled, leaving lawmakers and administration officials impatient to deal with what they see as a critical national security risk. TikTok has maintained that approval of a new risk mitigation strategy by CFIUS is the best path forward.
“The Biden Administration does not need additional authority from Congress to address national security concerns about TikTok: it can approve the deal negotiated with CFIUS over two years that it has spent the last six months reviewing,” TikTok spokesperson Brooke Oberwetter said in a statement before the bill text was released.
“A U.S. ban on TikTok is a ban on the export of American culture and values to the billion-plus people who use our service worldwide,” the company said. “We hope that Congress will explore solutions to their national security concerns that won’t have the effect of censoring the voices of millions of Americans.”
TikTok’s interim security officer Will Farrell described in a speech on Monday the layered approach the company plans to take to mitigate the risk that the Chinese government could interfere with its operations in the U.S.
The so-called Project Texas would involve Oracle hosting its data in the cloud with strict procedures over how that information can be accessed and even sending vetted code directly to the mobile app stores where users find the service.
Farrell said TikTok’s commitments would result in an “unprecedented amount of transparency” for such a technology company.
Technology
Amazon was questioned by House China committee over ‘dangerous and unwise’ TikTok partnership
Amazon logo on a brick building exterior, San Francisco, California, August 20, 2024.
Smith Collection | Gado | Archive Photos | Getty Images
Amazon representatives met with the House China committee in recent months to discuss lawmaker concerns over the company’s partnership with TikTok, CNBC confirmed.
A spokesperson for the House Select Committee on the Chinese Communist Party confirmed the meeting, which centered on a shopping deal between Amazon and TikTok announced in August. The agreement allows users of TikTok, owned by China’s ByteDance, to link their account with Amazon and make purchases from the site without leaving TikTok.
“The Select Committee conveyed to Amazon that it is dangerous and unwise for Amazon to partner with TikTok given the grave national security threat the app poses,” the spokesperson said. The parties met in September, according to Bloomberg, which first reported the news.
Representatives from Amazon and TikTok did not immediately respond to CNBC’s request for comment.
TikTok’s future viability in the U.S. is uncertain. In April, President Joe Biden signed a law that requires ByteDance to sell TikTok by Jan. 19. If TikTok fails to cut ties with its parent company, app stores and internet hosting services would be prohibited from offering the app.
President-elect Donald Trump could rescue TikTok from a potential U.S. ban. He promised on the campaign trail that he would “save” TikTok, and said in a March interview with CNBC’s “Squawk Box” that “there’s a lot of good and there’s a lot of bad” with the app.
In his first administration, Trump had tried to implement a TikTok ban. He changed his stance around the time he met with billionaire Jeff Yass. The Republican megadonor’s trading firm, Susquehanna International Group, owns a 15% stake in ByteDance, while Yass has a 7% stake in the company, NBC and CNBC reported in March.
— CNBC’s Jonathan Vanian contributed to this report.
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Former U.S. Army intelligence analyst Chelsea Manning says censorship is still “a dominant threat,” advocating for a more decentralized internet to help better protect individuals online.
Her comments come amid ongoing tension linked to online safety rules, with some tech executives recently seeking to push back over content moderation concerns.
Speaking to CNBC’s Karen Tso at the Web Summit tech conference in Lisbon, Portugal, on Wednesday, Manning said that one way to ensure online privacy could be “decentralized identification,” which gives individuals the ability to control their own data.
“Censorship is a dominant threat. I think that it is a question of who’s doing the censoring, and what the purpose is — and also censorship in the 21st century is more about whether or not you’re boosted through like an algorithm, and how the fine-tuning of that seems to work,” Manning said.
“I think that social media and the monopolies of social media have sort of gotten us used to the fact that certain things that drive engagement will be attractive,” she added.
“One of the ways that we can sort of countervail that is to go back to the more decentralized and distribute the internet of the early ’90s, but make that available to more people.”
Nym Technologies Chief Security Officer Chelsea Manning at a press conference held with Nym Technologies CEO Harry Halpin in the Media Village to present NymVPN during the second day of Web Summit on November 13, 2024 in Lisbon, Portugal.
Horacio Villalobos | Getty Images News | Getty Images
Asked how tech companies could make money in such a scenario, Manning said there would have to be “a better social contract” put in place to determine how information is shared and accessed.
“One of the things about distributed or decentralized identification is that through encryption you’re able to sort of check the box yourself, instead of having to depend on the company to provide you with a check box or an accept here, you’re making that decision from a technical perspective,” Manning said.
‘No longer secrecy versus transparency’
Manning, who works as a security consultant at Nym Technologies, a company that specializes in online privacy and security, was convicted of espionage and other charges at a court-martial in 2013 for leaking a trove of secret military files to online media publisher WikiLeaks.
She was sentenced to 35 years in prison, but was later released in 2017, when former U.S. President Barack Obama commuted her sentence.
Asked to what extent the environment has changed for whistleblowers today, Manning said, “We’re at an interesting time because information is everywhere. We have more information than ever.”
She added, “Countries and governments no longer seem to invest the same amount of time and effort in hiding information and keeping secrets. What countries seem to be doing now is they seem to be spending more time and energy spreading misinformation and disinformation.”
Manning said the challenge for whistleblowers now is to sort through the information to understand what is verifiable and authentic.
“It’s no longer secrecy versus transparency,” she added.
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