TikTok Ban Seems Likely for This Surprising Reason

TikTok CEO Shou Chew received a bruising on Thursday when he appeared before the House Energy and Commerce Committee in Congress, with both Republicans and Democrats fiercely critical of the Chinese-owned social media giant.

Chew was interrogated for more than four hours over whether TikTok users' data could be accessed by the Chinese state, along with concerns about content moderation on the app. Notably, the criticism was bipartisan, with House Republican Dan Crenshaw even thanking Chew for "bringing Republicans and Democrats together."

Earlier this month the Biden administration threatened to ban TikTok unless its Chinese owners gave up their shares.

Addressing the TikTok boss, Republican Congresswoman Kat Cammack of Colorado said: "You damn well know that you cannot protect the data and security of this committee, or the 150 million users of your app because it is an extension of the CCP [Chinese Communist Party]."

TikTok is owned by ByteDance, a Chinese company headquartered in Beijing. Under China's 2017 National Intelligence Law, all organizations within the country, including private companies, are required to "support, assist and cooperate with the state intelligence work." The platform is used by an estimated 41 percent of Americans, making it the fourth most popular social media app in the country.

Chew said he had "no evidence" the Chinese state had accessed U.S. users' data, adding: "They have never asked us, we have not provided it."

He also said that TikTok is creating a barrier between American user data and China, via what it calls "Project Texas" which would see the information held on U.S. soil.

New Jersey Democrat Frank Pallone expressed skepticism at this, commenting: "I still believe that the Beijing communist government will still control, and have the ability to influence what you're doing. So this idea this 'Project Texas' is simply not acceptable."

In a statement sent to Newsweek TikTok spokesperson Maureen Shanahan said: "Shou came prepared to answer questions from Congress, but, unfortunately, the day was dominated by political grandstanding that failed to acknowledge the real solutions already underway through Project Texas or productively address industry-wide issues of youth safety.

"Also not mentioned today by members of the Committee: the livelihoods of the 5 million businesses on TikTok or the First Amendment implications of banning a platform loved by 150 million Americans."

On the possibility of TikTok facing a U.S. ban, Shanahan added: "If protecting national security is the objective, divestment doesn't solve the problem: a change in ownership would not impose any new restrictions on data flows or access.

"The best way to address concerns about national security is with the transparent, U.S.-based protection of U.S. user data and systems, with robust third-party monitoring, vetting, and verification, which we are already implementing."

Following the House committee hearing, CNN's Manu Raju tweeted that there is "bipartisan momentum for legislation to actually ban TikTok nationwide."

Raju said House Speaker Kevin McCarthy had told him he supports a ban, while Hakeem Jeffries, the Democratic leader in the Senate, said the two parties are "looking for a consensus position to deal with these concerns."

Speaking to the BBC, a TikTok spokesperson argued any ban would harm American business, and challenge the constitutional right to freedom of expression.

"Also not mentioned today by members of the committee: the livelihoods of the five million businesses on TikTok or the [US Constitution] First Amendment implications of banning a platform loved by 150 million Americans," they said.

India banned TikTok in 2020 following a border clash between Indian and Chinese troops which left around 20 soldiers dead. Earlier this week, the British parliament announced it was banning TikTok from its network, due to security fears.

Update 3/24/23, 10 a.m. ET: This article was updated with comment from TikTok spokesperson Maureen Shanahan.