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Congress attempts to ban TikTok on government devices as part of $1.7 trillion spending bill

After obtaining Senate approval last week, the No TikTok on Government Devices Act could become law thanks to the $1.7 trillion spending bill federal lawmakers unveiled early Tuesday morning. In addition to allocating more funding for Ukraine and earmarking $40 billion for natural disaster recovery efforts across the US, the sprawling 4,155-page bill includes provisions that would prohibit the use of TikTok on government-owned phones and other devices.

While some Republican lawmakers are pushing for a country-wide ban on TikTok, the spending bill stops short of prohibiting all government use of TikTok. If passed, the legislation would order the General Services Administration and Office of Management and Budget to create guidelines for staff at executive agencies to remove TikTok from government-owned devices by mid-February. The draft legislation allows congressional staff and elected officials to continue using the app. It also carves out some exceptions for law enforcement agents and officials.

“We’re disappointed that Congress has moved to ban TikTok on government devices — a political gesture that will do nothing to advance national security interests — rather than encouraging the Administration to conclude its national security review,” TikTok spokesperson Brooke Oberwetter told Engadget.

“The agreement under review by [The Committee on Foreign Investment in the United States] will meaningfully address any security concerns that have been raised at both the federal and state level. These plans have been developed under the oversight of our country’s top national security agencies — plans that we are well underway in implementing — to further secure our platform in the United States, and we will continue to brief lawmakers on them.”

The proposed ban comes after at least 11 states, including Georgia and South Dakota, prohibited TikTok on government-owned devices. Political concerns over TikTok hit a high earlier this month after FBI Director Chris Wray said China could use the app to collect user data. TikTok has tried to address those concerns. As of June, the app began routing all domestic traffic through Oracle servers in the US. At the same time, TikTok and parent company ByteDance pledged to delete US user data from their own data servers in the US and Singapore.

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Georgia is the latest state to ban TikTok from government-owned devices

Georgia has become at least the 11th state to ban TikTok from state government-owned devices. Governor Brian Kemp has also prohibited state agencies from using WeChat and Telegram. Kemp cited concerns that the governments of China and Russia may access users’ personal information through the apps and use the data for spying purposes.

“The state of Georgia has a responsibility to prevent any attempt to access and infiltrate its secure data and sensitive information by foreign adversaries such as the [Chinese Communist Party],” Kemp wrote in a memo to state agency heads, as the Associated Press reports. “As such, it is our duty to take action to preserve the safety and security of our state against the CCP, entities it controls and other foreign cyberthreats.”

FBI Director Chris Wray said this month that China could use TikTok to collect data on users. Kemp cited those comments in his directive. A spokesperson for the governor told the AP that there would be exceptions to the rules for law enforcement and prosecutors to use the three apps after obtaining permission. Among those impacted by the ban are state colleges and universities.

Other states that have enacted similar bans include South Dakota, Maryland, Texas, Alabama, Iowa, Nebraska, North Dakota, Oklahoma, South Carolina and Utah. The US military has banned TikTok from devices it owns too. Meanwhile, Indiana sued the app this month over what it claims are security and child safety issues.

On Wednesday, the Senate unanimously passed a bill that seeks to ban TikTok from federal government devices. The legislation still requires House approval before it lands on President Joe Biden’s desk to sign it into law. Lawmakers also filed matching bipartisan bills in the House and Senate this week in the latest attempt to completely ban TikTok in the US.

TikTok has tried to assuage American politicians’ concerns over Chinese officials gaining access to data it holds on users in the country. As of June, TikTok has been routing all domestic traffic to Oracle’s servers so the data remains in the US. TikTok and parent company ByteDance have pledged to delete said information from their own data centers in the US and Singapore. In August, Oracle started reviewing TikTok’s algorithms and content moderation systems for signs of manipulation.

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Congress introduces bill to ban TikTok over spying fears

American politicians aren’t just restricting access to TikTok — they now hope to ban it outright. Members of the House and Senate have introduced matching bills that would block transactions from any social media company in or influenced by China, Russia, Cuba, Iran, North Korea or Venezuela. The ANTI-SOCIAL CCP Act (Averting the National Threat of Internet Surveillance, Oppressive Censorship and Influence, and Algorithmic Learning by the Chinese Communist Party) is meant to shut down access to TikTok and other apps that could theoretically funnel American user data to oppressive governments, censor news or otherwise manipulate the public.

The rationale echoes what US political leaders have argued for years. While TikTok has taken efforts to distance its international operations from those in China, such as by storing US data domestically, critics have argued that parent company ByteDance is ultimately at the mercy of the Chinese government. TikTok could potentially profile government workers and otherwise surveil Americans, according to the often-repeated claims.

Republican bill co-sponsors Sen. Marco Rubio and Rep. Mike Gallagher tried to draw links between some ByteDance leadership and the Chinese Communist Party in an opinion piece in The Washington Post this November. At the time, 23 directors had previously worked for state-backed media, and “at least” 15 employees still did. The bill is also sponsored by House Democrat Raja Krishnamoorthi.

In a statement, a TikTok spokesperson said it was “troubling” that members of Congress were putting forward legislation to ban the app rather than waiting for a national security review to wind down. The bills will “do nothing to advance” national security, according to the company. The firm added that it would “continue to brief” Congress on plans developed under the watch of security officials. The social network has consistently denied plans to track American users or otherwise deliberately assist Chinese surveillance efforts in the country.

TikTok already faces some legal action. The states of Maryland and South Dakota have banned TikTok on government devices over security concerns. Indiana, meanwhile, sued TikTok for allegedly deceiving users about China’s data access and child safety violations. That lawsuit would fine TikTok and demand changes to the service’s info handling and marketing claims.

Whether or not the bills become legislation isn’t certain. President Biden revoked former President Trump’s orders to ban TikTok downloads, and instead required a fresh national security review. He’s not expected to override his own order. And while the bill sponsors characterize the measure as bipartisan, it’s not clear the call for a TikTok ban has enough support to clinch the necessary votes and reach Biden’s desk. To some degree, the ANTI-SOCIAL CCP Act is more a signal of intent than a practical attempt to block TikTok.

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Biden signs bill that lets domestic violence survivors remove abusers from phone plans

President Joe Biden has signed H.R. 7132 or Safe Connections Act of 2022 into law, and it could help domestic violence, sexual assault, stalking and human trafficking survivors ultimately cut ties with abusers. Under the new law, users can ask mobile service providers to separate their line — as well as their dependents’ — from their abusers’ if they have a shared contract. That would ensure that abusers no longer have access to their phone records and can’t get their service cut. Carriers aren’t allowed to charge fees to grant these requests, which they must do within two days. 

In addition, Safe Connections Act of 2022 will require the Federal Communications Commission (FCC) to create rules that would make it easier for survivors seeking separate mobile plans to enroll in its Lifeline Program for up to six months. This FCC initiative gives qualifying low-income consumers a discount on phone services, so they can remain connected to job opportunities, friends, family and emergency services while they’re working to get back on their feet. The commission also has to establish rules that would prevent calls or texts to hotlines from appearing on call logs, presumably to keep survivors safe. 

In a blog post, the Electronic Frontier Foundation (EFF) celebrated the new law but also said that it would have “preferred a bill that did not require survivors to provide paperwork to ‘prove’ their abuse.” For a request to be valid, a user must submit “appropriate documentation” to verify that the person they’re sharing a contract with “committed or allegedly committed an act of domestic violence, trafficking, or a related criminal act against the survivor.”

Having to provide paperwork may not be easy, depending on a person’s circumstances, and it could retraumatize survivors trying to break free from abusive situations. “However, this new law is a critical step in the right direction,” the EFF continued, “and it is encouraging that Congress and the President agreed.”