The U.S. Senate overwhelmingly passed a bill late Tuesday, signaling support for the prohibition of TikTok within the country if its parent company, ByteDance, fails to sell the popular app within the next nine to twelve months.

This decision echoes concerns among U.S. lawmakers regarding potential data access and surveillance by China through the platform. The bill, previously approved by the U.S. House of Representatives and endorsed by President Joe Biden, is slated to become law on Wednesday.

Senator Marco Rubio, emphasizing the national security implications, stressed the necessity of requiring TikTok’s Chinese owner to offload the app, deeming it a crucial step for America’s interests.

In response to inquiries about the Senate’s move, the Chinese foreign ministry reiterated its discontent, previously expressed when a similar bill passed the House in March.

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The ongoing saga surrounding TikTok, utilized by a vast number of Americans, underscores the broader technological rivalry between the U.S. and China. Meanwhile, recent actions by China, such as ordering Apple to remove certain apps from its App Store, further exacerbate tensions.

Anticipating legal challenges, TikTok plans to contest the bill on First Amendment grounds, with users likely to join the legal fray. Notably, a prior attempt to ban TikTok in Montana was halted by a judge citing free speech protections.

The American Civil Liberties Union voiced concerns over excessive government control of social media platforms, cautioning against setting a global precedent. TikTok, reiterating its commitment to user data privacy, expressed intentions to challenge the legislation in court promptly.

The bill’s passage, appended to a larger allocation for international aid, signals swift congressional action on the TikTok issue. While previous attempts by the Trump administration to ban TikTok faced legal hurdles, experts believe this legislation provides a firmer legal basis for potential action by the Biden administration.

In the event ByteDance fails to divest TikTok, the bill mandates that major app stores cease offering TikTok and related services. Additionally, it grants the White House expanded authority to address perceived security threats posed by foreign-owned apps.

Democratic Senator Ron Wyden voiced apprehensions regarding potential First Amendment infringements, underscoring the need for cautious implementation. Once signed into law, ByteDance will have a specified timeframe to divest TikTok’s U.S. operations, with a possible extension contingent on progress toward a sale.

Senator Ed Markey cautioned against overly optimistic expectations regarding ByteDance’s divestiture, highlighting the complexity and costliness of such a transaction. He warned against overlooking the inherent censorship implications, stressing the need to uphold American values.

With the bill likely to be a focal point in upcoming elections, former President Trump has already advocated for a TikTok ban, potentially shaping the discourse around technological policy.

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