Senators look to ‘make the case’ to the public on TikTok
source link: https://www.washingtonpost.com/politics/2024/03/21/senators-look-make-case-public-tiktok/
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Senators look to ‘make the case’ to the public on TikTok
A newsletter briefing on the intersection of technology and politics.
Happy Thursday! Congrats to our former colleague and Cybersecurity 202 author Tim Starks, with whom I’ve had the pleasure of helming newsletters alongside twice, on his new gig. Keep up with his work here and check out his great reporting for The Washington Post here.
Senate lawmakers on Wednesday took their first major step toward considering the legislation passed by the House to force TikTok to be sold or banned, convening a classified briefing with law enforcement and national security officials from the Biden administration.
While several lawmakers said they emerged with an increased sense of urgency, key committee leaders suggested Congress still needs to do more to sell the American people on their plans. Here are our takeaways:
Senate Commerce Chairwoman Maria Cantwell (D-Wash.) said their “next steps” after the briefing could be “something more public” such as a joint hearing with the Senate Intelligence Committee. Asked about the option, Senate Intelligence Committee Chairman Mark R. Warner (D-Va.) said that “making the case publicly [on the need to force a sale] makes sense.”
Cantwell pointed to former president Donald Trump’s attempt to force the company to divest from ByteDance as a cautionary tale of the consequences of moving haphazardly. “Donald Trump thought it was urgent, too, and he shot and missed,” she said.
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Sen. Marco Rubio (R-Fla.), the vice chair of the Intelligence Committee, said it’s always preferable for bills to go through committee but that his priority is getting legislation signed.
Senate Majority Leader Charles E. Schumer (D-N.Y.) declined to say whether he will push for the issue to be taken up in committee or try to bring the House bill straight to the floor. “I’m talking to the members of my caucus to decide the best path forward,” he said.
TikTok has accused the House of rushing their legislation — which passed just over a week after its introduction — and said it would effectively ban the company. “We are hopeful that the Senate will consider the facts, listen to their constituents, and realize the impact on the economy, 7 million small businesses, and the 170 million Americans who use our service,” the company said in a statement last week.
While numerous lawmakers have said the Senate should not rush to act, some members have called for a more decisive response, urging a speedy floor vote on the House legislation.
“Charles E. Schumer should bring it up immediately so we can pass a good bill that passed the House with overwhelming bipartisan support,” Sen. Tom Cotton (R-Ark.) said.
Others, including Warner and Sen. Richard Blumenthal (D-Conn.), called on the Senate to take action ahead of the 2024 election to build on the momentum from the recent House passage. “If we don’t, we’ve missed a huge opportunity,” Warner said.
Senators declined to discuss the contents of the classified briefing, but some suggested it featured little-to-no new information.
Sen. J.D. Vance (R-Ohio) said the briefing touched on “data theft and privacy concerns” and “questions about the way the Chinese can manipulate or influence the algorithm” on TikTok. He added: “I was hoping to learn something a little bit new, but no.”
“I may not personally have heard any new evidence because I follow this reporting going back years,” Cotton said. Cantwell and Sen. Marsha Blackburn (R-Tenn.) made similar remarks.
Blumenthal said that “virtually everything” discussed should be made public.
“There is no reason that this supposedly top-secret or classified information should be kept from the American people when we have this clear and present danger that requires divesting of TikTok,” Blumenthal said, adding that it would not pose a threat to confidential sources.
Spokespeople for the Intelligence Committee said there were no immediate plans to release any declassified materials related to the session.
While most senators’ opinions did not appear to dramatically shift, at least one said the briefing convinced them that the chamber needs to act.
“I am no longer undecided. I think we have to go through with this, whether that’s the House version or we have to conference like grown-ups,” Sen. Brian Schatz (D-Hawaii) said. Schatz said he is “satisfied that this is a real national security concern and not a cooked up one.”
Some senators said that while they generally support the House legislation, they want to give ByteDance more time to feasibly sell off TikTok. The House measure gives the company 180 days to do so, which probably would be a tall task.
Blumenthal said extending that time would make it “more practical and achievable” to divest.
Rubio said he’s “not hung up on” keeping the deadline at 180 days but that the divestiture requirement can’t be “indeterminate.”
“I don’t think that should keep us from passing it if someone says it should be nine months, 12 months,” he said.
While House lawmakers hauled in TikTok CEO Shou Zi Chew to testify a year before advancing legislation taking aim at his company, Senate leaders showed no interest in such a session.
“I have followed the CEO’s testimony. I’ve met with him. I think it’s more important that we continue to make the case publicly,” Warner said. Cantwell echoed the sentiment.
Soon after senators wrapped their briefing, House lawmakers unanimously approved a separate proposal aimed at stopping foreign adversaries from attaining U.S. information from data brokers. The measure was marked up alongside the TikTok legislation this month.
It remains to be seen whether the Senate will look to take up the measures in tandem, though several members expressed openness to the idea Wednesday.
Cantwell said in a statement that she was “encouraged” by the House effort “to protect Americans’ personal data … from being exploited by foreign adversaries.”
- Correction: Yesterday's Tech 202 misstated the month in which the Supreme Court heard cases challenging Texas and Florida social media laws. The oral arguments were in February, not March.
- Washington Post Live hosts “The Futurist Summit: The New Age of Tech,” Thursday at 9 a.m., featuring interviews with Open AI VP Anna Makanju, Intel CEO Pat Gelsinger, Sen. Mark R. Warner (D-Va.) and Sen. Todd Young (R-Ind.), among others. Register here to watch.
- The Senate Commerce Committee holds a hearing, “Spectrum and National Security,” on Thursday at 10 a.m.
- The House Oversight Committee holds a hearing, “White House Overreach on AI,” Thursday at 10 a.m.
That’s all for today — thank you so much for joining us! Make sure to tell others to subscribe to The Technology202 here. Get in touch with Cristiano (via email or social media) and Will (via email or social media) for tips, feedback or greetings!
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