TikTok’s choice has arrived: Hypocritical pols are running from their own law
Jan 18, 2025
The human dancing videos and the cat dancing videos on TikTok have nothing on the dancing by politicians who voted for the law forcing its Chinese owner, ByteDance, to either sell the popular and addictive app or face a shutdown in this country.
When the U.S. Supreme Court unanimously upheld the law yesterday and with tomorrow’s sell by or be banned deadline arriving in hours, members of the House and Senate who flocked to support the law in April, with respective tallies of 360-58 and 79-18, are now panicking and backtracking.
They are trying to undo or pause the law, including Senate Minority Leader Chuck Schumer, who was in charge of the chamber when the Protecting Americans from Foreign Adversary Controlled Applications Act passed. Schumer and the others who voted yes fear that TikTok will go dark tomorrow and 170 million befuddled and enraged American users will blame them.
In truth, the TikTokers should direct their ire to the app itself, which had a long warning to get out from under Beijing’s control or be outlawed in this country.
We don’t want TikTok banished, but that’s going to happen unless ByteDance sells or the law is changed.
Sen. Josh Hawley summed it up: “If you’ve got it on your phone, the Chinese government can track your whereabouts, they can read your text messages, they have access to your contact list, they can read your email. That’s the problem. It’s a national security concern.”
As the court wrote, “the Government had good reason to single out TikTok for special treatment” because “preventing China from collecting vast amounts of sensitive data from 170 million U.S. TikTok users” is a legitimate national security issue.
The justices also correctly found that it a load of hooey that the law’s “TikTok-specific foreign adversary controlled application designation, and divestiture requirement violate the First Amendment.”
The bill, which President Biden signed on April 24, gave TikTok and its Chinese parent ByteDance nine months to divest or be banned. Well, the 270 days are up on Sunday, Jan. 19, and China didn’t blink. There was no sale or even any effort to find a buyer, so the shutdown is at hand and TikTok may vanish.
The law says nothing about speech or who is speaking or what is being said. The law is focused on who controls the data collected on users and cites TikTok or other such apps under the control of countries defined in 4872(d)(2) of title 10, United States Code. That law is called “Acquisition of sensitive materials from non-allied foreign nations: prohibition” and lists just four countries: (A) the Democratic People’s Republic of North Korea; (B) the People’s Republic of China; (C) the Russian Federation; and (D) the Islamic Republic of Iran.”
TikTok is fun and cute, but the secret police of those hostile dictatorships are not. No American should want their digital profiles and data subject to manipulation by this jolly quartet.
Biden will leave enforcement up to Donald Trump. Trump said “My decision on TikTok will be made in the not too distant future, but I must have time to review the situation. Stay tuned!”
But Trump can’t cancel or stop a law. Only Congress can repeal or amend the law, and until then, it must be followed.