ACT For America: Behind TikTok’s China Cyberespionage Threat

Brigitte Gabriel and Act for America have been a prominent advocate for freedom of speech for 20+ years. On the Bill to Protect Americans From Foreign Adversary-Controlled Applications, Including TikTok, some critics argue all social media platforms are similarly storing users' data, however the unique security risks posed by TikTok and other apps is the CCP-Controlled ByteDance affiliation and how they use it against everyday Americans, corporations, the military and DOD, state governments, and the federal government, an alarming threat, largely underreported due to China's heavy advertising influence. The history of China's cyberespionage scheme through wildly successful social media platforms, devices, and more, has been developing for many years. China's cyber warfare has proven devastatingly effective, much of it yet to be discovered. In confronting this unprecedented crisis, we are faced with the daunting task of defending not just our privacy and security, but the very essence of our nation's identity—our minds, hearts, and souls. The infiltration by foreign adversaries demands decisive action and unwavering commitment to safeguarding our country's core values and principles. Together, we must stand united in the defense of our nation's sovereignty and the protection of its citizens. In Case You Missed It…The CCP Chinese Communist Party Wants a Weak, Divided America! This bill calls for the complete divestment of China's Communist Party and any foreign adversaries, not selective censorship, or bans, but we'll let you decide.

CCP-Controlled hacker groups serving the Communist Party and Military have unfettered access to TikTok data, despite transferring all data to a server in Texas. When you allow your device to connect via Wi-Fi, the TikTok app provides back door spy capabilities, providing CCP access to perceived secure servers and systems, leading to bans across the country. CCP-controlled corporate espionage steals up to $600B in US intellectual property annually. CCP-controlled hacker groups stole hundreds of millions in COVID relief and Unemployment benefits during the 'plandemic'. The CCP intrusions in numerous states and government systems could take years to discover and identify what critical data or infrastructure was stolen or weaponized, including ransomware. ByteDance itself was caught hunting down journalists leaking information regarding their spy apps, including TikTok, WhatsApp, and more. It's not a question of if, but when, the CCP will target individuals with identity theft, extortion, bank and credit card fraud, and other cyber-crimes. Federal Bans: Former President Donald Trump proposed ByteDance sell parts of TikTok to Microsoft in 2020. Congress later approved a motion to ban TikTok on federal government-issued devices, and President Biden's administration ordered federal employees to remove the app from their devices within 30 days in March of 2023. State Bans: More than half of US states have either fully or partially banned TikTok from state-issued government devices. University Bans: Some public, state-funded universities in the US have banned TikTok from operating on campus Wi-Fi and university-owned devices. Global Bans: Several countries, including Taiwan, Canada, EU governing bodies, Belgium, Denmark, New Zealand, the UK, and Australia, have banned TikTok from federal devices due to national security concerns.

Here is the Official Press Release From the Select Committee on the CCP Related to this Bill.

What the Bill Does:

Incentivize Divestment of TikTok: Unless TikTok is fully divested such that it is no longer controlled by a PRC-based entity, the application will face a prohibition in the U.S. from app store availability and web hosting services until such time as a divestment occurs. Address the National Security Risks Posed by Other Applications Controlled by Foreign Adversary Companies: Establishes a process for the President to designate other foreign adversary-controlled social media applications—as defined by statute—that shall face a prohibition on app store availability and access to web hosting services in the United States unless they sever ties to the foreign adversary-controlled company. The President may exercise this authority if an application presents a national security threat, has over one million annual active users, and is under the control of a foreign adversary entity, as defined by statute. Empower Users to Switch Platforms: Designated applications must provide users with a copy of their data in a format that can be imported into an alternative social media application. All users would be able to download their data and content and transition to another platform.

Call on Congress to Force China's Divestment or Ban the App! What the Bill Does Not Do:

Punish Individual Social Media Users: No enforcement action can be taken against individual users of an impacted app. Censor Speech: This legislation does not regulate speech. It is focused entirely on foreign adversary control—not the content of speech being shared. This bill only applies to specifically defined social media apps subject to the control of foreign adversaries, as defined by Congress. Impact Apps That Sever Ties to Foreign Adversary-Controlled Entities: An app, including TikTok, that severs ties with entities subject to the control of a foreign adversary is not impacted by any other provision of the bill.

Bill to Protect Americans From Foreign Adversary-Controlled Applications, Including TikTok March 5, 2024 | Condensed Rep. Mike Gallagher (R-WI) and Rep. Raja Krishnamoorthi (D-IL), Chairman and Ranking Member of the House Select Committee on the Strategic Competition Between the United States and the Chinese Communist Party, today introduced the Protecting Americans from Foreign Adversary Controlled Applications Act. The bill prevents app store availability or web hosting services in the U.S. for ByteDance-controlled applications, including TikTok, unless the application severs ties to entities like ByteDance that are subject to the control of a foreign adversary, as defined by Congress in Title 10.

FOREIGN ADVERSARIES: The Secretary has determined that the following foreign governments or foreign non-government persons have engaged in a long-term pattern or serious instances of conduct significantly adverse to the national security of the United States or security and safety of United States persons and, therefore, constitute foreign adversaries solely for the purposes of the Executive Order, this rule, and any subsequent rule: (1) The People's Republic of China, including the Hong Kong Special Administrative Region (China); (2) Republic of Cuba (Cuba); (3) Islamic Republic of Iran (Iran); (4) Democratic People's Republic of Korea (North Korea); (5) Russian Federation (Russia); and (6) Venezuelan politician Nicolás Maduro (Maduro Regime).

In addition, the bill creates a process for the President to designate certain, specifically defined social media applications that are subject to the control of a foreign adversary—per Title 10—and pose a national security risk. Designated applications will face a prohibition on app store availability and web hosting services in the U.S. unless they sever ties to entities subject to the control of a foreign adversary through divestment.  Call on Congress to Force China's Divestment or Ban the App! "This is my message to TikTok: break up with the Chinese Communist Party or lose access to your American users," said Chairman Gallagher. "America's foremost adversary has no business controlling a dominant media platform in the United States. TikTok's time in the United States is over unless it ends its relationship with CCP-controlled ByteDance." "So long as it is owned by ByteDance and thus required to collaborate with the CCP, TikTok poses critical threats to our national security. Our bipartisan legislation would protect American social media users by driving the divestment of foreign adversary-controlled apps to ensure that Americans are protected from the digital surveillance and influence operations of regimes that could weaponize their personal data against them. Whether it's Russia or the CCP, this bill ensures the President has the tools he needs to press dangerous apps to divest and defend Americans' security and privacy against our adversaries," said Ranking Member Krishnamoorthi. "In this day and age, we all know about the vast benefits – and vast risks – of our most popular social media platforms. Ensuring that foreign adversaries do not have the ability to control what we see and hear online is an important piece of what should be a bipartisan effort to make social media safer for all Americans. This bill would ensure that TikTok is no longer controlled, even indirectly, by the Chinese Communist Party, and does so in a responsible way, that doesn't take away Americans' favorite social media apps," said Rep. Moulton. "The dangerous link between TikTok and the Chinese Communist Party has never been more apparent. When TikTok's CEO came before the Energy and Commerce Committee last year, he readily admitted to me that ByteDance employees in China have access to U.S. user data. This alone should serve as a wake-up call and alarm every single American – whether they're actively engaged on TikTok or not. TikTok and its ties to Communist China poses a clear and present danger to U.S. national security and is threatening the privacy of millions of Americans. I'm proud to help lead the bipartisan Protecting Americans from Foreign Adversary Controlled Applications Act, which will ban the app from the United States if TikTok is not divested by the Chinese Communist Party," said Rep. Latta. "All Americans deserve access to information and media platforms that are free from the influence of hostile foreign actors like the Chinese Communist Party. But here are the facts: TikTok has been used by the CCP to silence free speech and dissent in the United States and abroad, to undermine democracy and our values, and to promote propaganda that is favorable to autocratic rulers like President Xi. This bipartisan legislation should be passed immediately to protect our democracy, our national security, and our kids," said Rep. Sherrill.   "The House Select Committee on the CCP and the House Energy & Commerce Committee have found alarming proof of our data being shared with our adversaries via applications developed by ByteDance," said Rep. Dunn. "I even asked the TikTok CEO point blank if ByteDance has spied on Americans on behalf of the CCP, and his response was 'I don't think spying is the right way to describe it.' This is outrageous. I took an oath to protect the American people and I'm proud to join this effort to ban applications that can be utilized and abused by our adversaries." "Congress can no longer afford to ignore the growing threat posed by foreign adversary-controlled applications like TikTok," said Rep. Torres. "TikTok not only jeopardizes our national security but also threatens our fundamental freedoms by allowing adversaries to surveil and influence the American public under the guise of a social media platform. " "Not only is the CCP-controlled TikTok an immense national security risk to our country, it is also poisoning the minds of our youth every day on a massive scale. China is our enemy, and we need to start acting like it. This legislation will make our country better off and more secure," said Rep. Roy. "Any technology—apps, software, language models—owned by foreign adversaries are unequivocal threats to our national security. We have every right to protect Americans' constitutional rights, data privacy, and national security, and it's only become clear over the last several years how dangerous these foreign-owned tech platforms truly are," said Rep. Cammack. I'm grateful to Chairman Gallagher and the Select Committee on the CCP for spearheading this effort and I look forward to the bipartisan support this effort will garner to keep the U.S. safe from malign influence, adversarial infiltration, espionage, and beyond." "TikTok is CCP spyware used by the regime to steal Americans' data and push harmful propaganda, including content showing migrants how to illegally cross our Southern Border, supporting Hamas terrorists, and whitewashing 9/11. Bottom line: TikTok needs to completely cut ties with the CCP or it will no longer be available in the United States. It is past time to dismantle the CCP's top propaganda and spyware tool," said Rep. Hinson.  Click HERE to read text of the bill.