Loath as I Am to Agree With Marjorie Taylor Greene…
How the effort to bank TikTok is a fascinating case study in transpartisan politics.
Earlier this month, millions of young Americans opened TikTok on their phones and were faced with a startling message: “Stop a TikTok shutdown,” it read. “Speak up now—before your government strips 170 million Americans of their Constitutional right to free expression.” A bright red “call now” button appeared at the bottom of the screen.
This rare call for direct action came in response to the Protecting Americans from Foreign Adversary Controlled Applications Act—a bill that would prevent any online application that is controlled by a “foreign adversary” from being hosted in the United States, unless said app is divested from said adversary. (In this case, America’s foreign adversaries are defined as China, Russia, Iran, and North Korea.) And just in case that was too subtle, it explicitly names TikTok as needing to be divested from its Chinese parent company, ByteDance.
While the bill overwhelmingly passed in the House 352-65, the members in opposition don’t fall neatly along party lines. The list includes progressive Democrats and Freedom Caucus Republicans who have come to the same conclusion, albeit from different presuppositions.
The effort to ban TikTok—and the backlash that has followed—has been a fascinating case study in transpartisan politics. Prominent figures on both sides of the aisle have cited a wide range of concerns, including data privacy, national security, freedom of speech—and, perhaps most saliently this election year, the transformative effect the bill could have on presidential power.
Advocates for the bill have insisted that it is not technically a ban—that TikTok could continue to be used in the United States so long as ByteDance sells it within six months of the law’s enactment. But that appears to be a nonstarter, as both ByteDance and China are highly unlikely to cooperate with such a requirement. All signs indicate that a signature from President Biden would result in the app’s disappearance in the United States.
What could be even more impactful than the non-ban ban, though, is the way it is enforced. The bill applies to any website or application with over a million monthly visitors that allows users to create accounts and share content. If it has so much as a comments section, it counts. No one is even sure how many apps the bill could ban as soon as it gets signed.
That would be up to the White House. The bill gives the president the authority to determine whether an app controlled by a foreign adversary poses a “significant threat to the national security of the United States.” It also requires him to approve its sale, which means that even if a given tech company tried to cooperate, he could stonewall indefinitely to effectively ban the app anyway.
Then there’s the vagueness of what constitutes “control” by a foreign adversary. The bill leaves that up to interpretation too. The company doesn’t even have to be based in a foreign adversary country to have its apps banned—it just has to be “subject to the direction or control” of someone who is.
As one technology lawyer put it: “The President really has the unchecked power to put another app on this list.”
The bill’s opponents include Democratic representatives like Ro Khanna, who represents Silicon Valley and would rather protect data privacy with a more “narrowly tailored law.” Jamaal Bowman thinks the bill is driven by “xenophobic anti-China rhetoric,” while Alexandria Ocasio-Cortez wants information about the alleged security risks to be made public. “This is putting the cart before the horse,” she said, on TikTok.
Meanwhile, on the other side of the aisle, Nancy Mace thinks it is “not the role of government to ban apps from the app store.” Matt Gaetz says the bill is “rushed” and “overbroad.” Marjorie Taylor Greene worries it would “open Pandora’s box” and lead to more censorship down the line.
Loath as I am to agree with Marjorie Taylor Greene, giving the president near-unilateral authority to ban free-speech platforms could very well backfire—especially if that president is Donald Trump. Imagine handing that kind of power to the man who recently called Facebook an “enemy of the people,” who is known for harboring personal vendettas, and who owns a competing social media platform of his own. What could go wrong?
Popular
“swipe left below to view more authors”Swipe →The concerns about TikTok are genuine, but so are the concerns of those opposing the bill. It would be more responsible—and more effective—to regulate how the company collects and uses Americans’ personal data. Last week, the Department of Justice sued to regulate Apple; the same could be done with TikTok.
Regulation would help curb misinformation, which spreads like wildfire on the app. It would also—as opposed to an outright ban—prevent backlash among young voters ahead of a close election. And it won’t set a precedent of unchecked executive power, so Trump can’t ban Twitch because he thinks its owner’s business interests in China count as foreign control.
One hundred and seventy million Americans use TikTok. That’s more than half the population, including one-third of adults and almost two-thirds of people under 30. Regulatory action would make the app safer to use, without banning one of the country’s most popular social media platforms—and angering most of the country in the process.
We need your support
What’s at stake this November is the future of our democracy. Yet Nation readers know the fight for justice, equity, and peace doesn’t stop in November. Change doesn’t happen overnight. We need sustained, fearless journalism to advocate for bold ideas, expose corruption, defend our democracy, secure our bodily rights, promote peace, and protect the environment.
This month, we’re calling on you to give a monthly donation to support The Nation’s independent journalism. If you’ve read this far, I know you value our journalism that speaks truth to power in a way corporate-owned media never can. The most effective way to support The Nation is by becoming a monthly donor; this will provide us with a reliable funding base.
In the coming months, our writers will be working to bring you what you need to know—from John Nichols on the election, Elie Mystal on justice and injustice, Chris Lehmann’s reporting from inside the beltway, Joan Walsh with insightful political analysis, Jeet Heer’s crackling wit, and Amy Littlefield on the front lines of the fight for abortion access. For as little as $10 a month, you can empower our dedicated writers, editors, and fact checkers to report deeply on the most critical issues of our day.
Set up a monthly recurring donation today and join the committed community of readers who make our journalism possible for the long haul. For nearly 160 years, The Nation has stood for truth and justice—can you help us thrive for 160 more?
Onwards,
Katrina vanden Heuvel
Editorial Director and Publisher, The Nation
More from The Nation
How to Humiliate a Narcissist How to Humiliate a Narcissist
In last night’s debate, Kamala Harris goaded Trump into ever higher levels of disgrace by targeting his bottomless vanity.
Kamala Harris Won the Debate About the Future of American Democracy Kamala Harris Won the Debate About the Future of American Democracy
Harris exposed Donald Trump as a clear and present danger, framing a stark choice and inviting voters to “turn the page.”
With Her Rope-a-Dope Strategy, Kamala Harris Baited Trump Into Scaring Swing Voters With Her Rope-a-Dope Strategy, Kamala Harris Baited Trump Into Scaring Swing Voters
Last night’s debate will help give Democrats an edge. But strengthening the base remains crucial.
Ron DeSantis Goes Full Big Brother on Abortion Rights Supporters Ron DeSantis Goes Full Big Brother on Abortion Rights Supporters
DeSantis is fighting hard to block a ballot initiative codifying abortion rights in Florida—so hard he’s sent police to question people who signed a petition supporting the measur...
The Problem With “Weird” The Problem With “Weird”
The Democrats’ repositioning as the party of “normalcy” undercuts its history of emancipatory social movements and participates in an antidemocratic ethos.
Kamala Harris Killed It. Then Taylor Swift Endorsed Her. Now I Think It’s Over. Kamala Harris Killed It. Then Taylor Swift Endorsed Her. Now I Think It’s Over.
Even Fox News couldn’t spin the truth: Trump lost the debate—badly.