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U.S. Bill Targets TikTok鈥檚 Future and Threatens the Open Web

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More than a decade ago, the world watched as China shut off its internet. Beijing blocked Twitter and Facebook in 2009, and in recent years, the Chinese government has advocated for a vision of arguing that the internet must be bound by national borders and subject to the state鈥檚 control. While American politicians, activists, and academics alike have rightly criticized China鈥檚 claim to cyber sovereignty, many now appear to affirm Beijing鈥檚 nationalistic vision of internet governance.

Today, the House of Representatives will vote on a bill that will determine the future of TikTok in the United States. The will force the Beijing-based owner Bytedance to divest its control of TikTok鈥攁 platform utilized by over 170 million Americans鈥攐r face a nationwide ban in the United States. If passed, the bill will be a hollow victory at best.

The moral panic around TikTok, shared by many American proponents of the ban, is not dissimilar to the paranoia I鈥檝e seen in China. Sen. Marco Rubio 鈥淐ommunist China owning TikTok鈥檚 algorithm is the gateway to spying on Americans and manipulating public opinion in the United States鈥 Rubio鈥檚 tweets, and similar calls from others, echo the Chinese government鈥檚 case for banning U.S. platforms, such as Twitter, Google, and Facebook, in the name of foreign interference.

Make no mistake: It鈥檚 na茂ve to overlook TikTok鈥檚 problems. The app raises many legitimate questions concerning privacy, parental controls, and mental health. Like its U.S. competitors, TikTok is vulnerable to disinformation campaigns and electoral manipulation.

Yet these concerns are neither peculiar to TikTok, nor to Chinese-owned platforms at large. National security concerns arise out of unsafe data practices, as demonstrated by the . Additionally, Elon Musk, the owner of X (formerly Twitter) has significant business interests in China, where ; and the Saudi Prince Alwaleed bin Talal is among . Is the United States committed to prohibiting firms that are subject to foreign government pressure鈥攈owever that鈥檚 defined鈥攆rom operating internet platforms altogether? Doing so will not only but also risk curtailing innovation at home.

Viewing the concerns with TikTok as uniquely 鈥淐hinese鈥 problems ignores the urgent need for broader, more comprehensive legislation on election integrity, child protection, algorithmic transparency, and data privacy. Moreover, passing legislation that could lead to a ban of the app risks treating U.S. corporations鈥攚hich have 鈥攁s agents of American competitiveness, rather than entities to be scrutinized under the same lens.

The bill, which specifically targets TikTok, as it currently stands, will not bring us closer to fixing U.S. issues with data privacy and security. Rather, it will seemingly legitimize the Chinese model of internet governance, which sees foreign platforms as inherent threats to political stability. To fully address the stated concerns of the TikTok bill, Congress should prioritize federal privacy laws such as the , introduced in 2022, and further limitations on data brokers.

While proponents of the bill have that by offering Bytedance the choice to sell TikTok to an American owner, the bill 鈥渄oes not ban TikTok鈥 and doesn鈥檛 violate freedom of speech, the thinks that view is mistaken. Facebook to operate in China if they allow a local partner to own a majority stake. Does Beijing then get to claim that its internet is, in fact, free? Will the U.S. if it does the same to TikTok?

Today, the internet is , and that鈥檚 thanks to moves made by both as well as democracies. Aside from efforts of the Chinese and Russian governments, India has in 2020 in the name of 鈥渟overeignty and integrity鈥 and 鈥渟ecurity of state.鈥 Many of them are Chinese鈥攏ot just TikTok but also music players and web browsers. As Tim Hwang and I have argued before, the United States has every reason to . The response to national security threats should be calculated and proportionate. While Beijing restricts free speech, creativity, and channels of expression, the United States should not model itself after China鈥檚 paranoia. Instead, the United States should rather take an approach that works to remedy the concerns around TikTok, and even its U.S. competitors, without stripping Americans of their internet freedoms.

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TianyuFang
Tianyu Fang

Fellow, Technology and Democracy

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U.S. Bill Targets TikTok鈥檚 Future and Threatens the Open Web