Order For Adjournment
Mr. President, back in 2019, I believe April of 2019, if not the first, I must have been one of the first people to call for the company TikTok to be banned in the United States. So it has been a while now; it is not something I just came…
Mr. President, back in 2019, I believe April of 2019, if not the first, I must have been one of the first people to call for the company TikTok to be banned in the United States. So it has been a while now; it is not something I just came up with the other day.
But I do think that is a pretty extraordinary thing, to ban a company, and so before I think we--for someone like me, who has argued for a national ban on a company like this, to take away something from over 100-and-something million Americans, many of whom I have heard from, many of whom I know personally--before we do something like that, I think people deserve an explanation as to why is it that we would want to do that. I don't think the answer can just be ``Trust us. It is bad for America.'' I think they do deserve an answer, and I think they do deserve a clear argument as to why it is in our national interest to do this and why it is the only option we have.
First, I think it is important to understand how TikTok works. It is an ingenious app--no one argues about it--these short-form videos, and it always seems to show you what you want to see. The more you use it, the more it shows you the things you want to see.
How does it do that? Well, it does it two ways. First of all, it scoops up an extraordinary amount of data--not just data on what you are watching, all kinds of data. CNBC actually talked about it. TikTok, you know, collects your content that you viewed, content you created, shared. Beyond that, it includes your contact list. It collects your name, your age, your user name, your emails, your messages, your photos, your videos, and other personal information. In fact, in 2021, TikTok changed its privacy policies. It can now even collect biometric data, like your faceprint--you know that thing you use when the phone unlocks?--and the voiceprint of its users. It is an extraordinary amount of data.
But that is not the only thing it does--because I hear some people criticizing us and all they talk about is, well, everybody collects data. It is not just the data. What really makes TikTok so effective is that it has an algorithm that uses artificial intelligence to combine all of this data and your usage, and what that does is it basically-- that algorithm, it knows you better than you know yourself. It knows the videos you are going to like before you even know you are going to like them, and it is an extraordinary power behind this. It is what they call a recommender engine. We are going to call it an algorithm. It is a predictor.
Now, people would say: Well, what is the big deal? All social media app companies do that, not just them. I mean, Netflix does it to recommend movies you might want to watch, and Spotify does it to recommend music. Clearly, Instagram and Facebook and Snap and Twitter-- all of them have an algorithm, and all of them collect data. So what is the big deal? What they are doing is no different than anything else.
Here is the difference. The difference is, of all these companies I just mentioned to you, the only one that has a parent company that is a Chinese company that owns it is ByteDance. And it is not just that there is a Chinese company; they own and they operate the heart and soul of TikTok, the recommender engine, the algorithm. That belongs to ByteDance. In order for this to work, in order for TikTok to work, ByteDance has to have access to the data of Americans. They have to.
Now, here is where people will say to you: Well, so what if it is a Chinese company? It doesn't all have to be American companies.
Actually, the CEO of TikTok was here last week, and he said: You know, ByteDance--I am trying to paraphrase it, but I wrote it--is not owned or controlled by the Chinese Government. They are a private company that is owned by outside investors that include Americans.
Well, this is disingenuous. It is not true. And let me tell you why it is not true.
First of all, there is no such thing as a private company in China-- not in the way we think of a private company. Let me explain why.
In China, No. 1, they have a law called the national intelligence law, and the national intelligence law of China requires--doesn't ask for; doesn't say: We can go to court and require you to do this. No, no. It automatically requires--the national intelligence law of China requires every single Chinese company--that includes ByteDance--to do whatever the Government of China tells them to do.
China has another law. It is called the data security law. What that law says is that every tech company in China--like ByteDance, a tech company in China--they have to hand over to the government whatever user information--whatever information they
want. They have to do it by law. That is a big difference between them and these other companies.
So the bottom line is this when it comes to those who argue that it is not a company controlled by the Chinese Government--I read the other day that China says they are going to block any forced sale of TikTok. Well, how could China block the forced sale of TikTok if they don't control TikTok? The reason they can block it is because they control-- the government, through these laws--they control the company that controls the algorithm that drives TikTok. It is controlled by ByteDance. Under Chinese law, if the Government of China tells ByteDance, the owner of TikTok, to use the algorithm a certain way, they have to do it.
It doesn't matter who the shareholders--it doesn't matter if 100 percent of the shareholders of ByteDance are Americans. If they are located in China and the Chinese Government tells them: We want you to use the algorithm and the data you have access to in a certain way, they have no choice but to do it. That is not just true for ByteDance; that is true for every company in China.
So a lot of people say: OK. Well, then, the solution is this: Let's just store all the American data here in America. Let's just put it all in a server located in the United States, and that will do the trick.
No, it won't, and here is why. Even if you stored all of the data that TikTok has on Americans--over a hundred-something million users-- even if you stored all of it, ByteDance in China still has to be given access to that data. You may have it stored in America, but you have to give access to ByteDance. Do you know why? Because the algorithm that TikTok depends on doesn't work without the data. ByteDance has to have access. That is almost like putting your life savings in a safe but then giving the thief the combination. Who cares that it is in the safe? Who cares where the safe is? If the thief has the combination, they can get into the safe.
So it doesn't matter where you store the data; if ByteDance owns the algorithm, they have to have access to the data, and if they have access to the data, the Chinese Government has access to the data whenever they want.
The latest iteration is, well, what we should do is we should force TikTok to be sold. Sold to whom? TikTok is worthless--worthless-- without the algorithm. So even if TikTok, as we know the company, is bought by Americans, they still need the algorithm that ByteDance owns, and you can't buy the algorithm from ByteDance even if they wanted to sell it to you. Do you know why? Do you know why ByteDance can never sell you the algorithm, the recommender engine that powers TikTok? Because the Chinese Government in 2020 imposed a law that prohibits it. The Chinese Government specifically imposed a law in 2020 that says you cannot transfer the algorithm outside of China. So selling it is not going to make a difference because no matter who buys it, TikTok is worthless. It won't work without the algorithm. The algorithm belongs to ByteDance, ByteDance is in China, and they have to do whatever the Chinese Government tells them to do.
This is where people have said to me: Well, who cares? Who cares if the Chinese Government controls the algorithm and has access to the data?
They want me to explain how an app that features funny videos and the latest dance fad--how that is possibly a national security threat. So let me walk you through a very realistic hypothetical.
Let's suppose for a moment that China decides they are going to invade Taiwan in 2027 or 2028, and the key to a successful invasion or taking of Taiwan is to prevent the United States of America from getting involved, and the key to keeping the United States from getting involved is to convince the American people that we shouldn't get involved because they know we are a democracy. They know that public opinion matters in America.
Knowing all this, the Chinese Government goes to ByteDance, who, by law, has to do whatever they are told, and the Chinese Government says to ByteDance: We want you to align your algorithm to shape American public opinion on Taiwan.
They won't do this overnight; they will spend a couple years laying this out.
We want you to align your algorithm to make sure that people in America are seeing messages that convince them that America should not get involved, and not only that, we want you to use the data to target specific American audiences with specific messages.
For example, some Americans might see a bunch of videos that allege to show people in Taiwan--probably fake but nonetheless people in Taiwan supporting a Chinese takeover. Maybe family members--remember, they have all this data on us. Family members of military members would see videos about how thousands of Americans will die if the United States gets involved. Others might see videos of Americans--or who they think are Americans--arguing: Why do we care about Taiwan? We should be focused on our problems here at home.
When we notice that they are doing something about it--that is what people will say: Well, when that happens, then you deal with it.
Well, once you notice that they are actually doing it and we try to do something about it, do you know what comes next? Here is what comes next--what is already happening now. You are going to have a bunch of small businesses in America that depend on marketing on TikTok. And let me tell you something. I don't diminish that. It is true. I know people who have built up their businesses, and they use TikTok for marketing, and it works. It is better than the other apps for that.
But just imagine when we go to them and say: Guys, we have to shut TikTok down now because now it is real. Now they are using it against us.
Those people are going to come up and say: You are going to destroy my business.
In fact, China will probably threaten those people. China will probably make it very clear: The U.S. gets involved, we are going to knock all the Americans off of TikTok. Down goes your business.
Those people will suddenly be asking their elected official here not to get involved in Taiwan. Do you know where we find ourselves then? Paralyzed. A country that is paralyzed, that cannot act in its own national security interests because we have allowed an adversary to basically use an app that they control and the data that they control to shape public opinion in America over an extended period of time, and we can't do anything about it.
Now, here is where some people will say: Well, that is a violation of the First Amendment--free country.
I agree. You have a right to speak. I don't agree that it is a violation of the First Amendment; I agree that you have a right to speak and say anything you want in America.
This is not about the content of the video. What this is about is the existence of a company that is related to an important government interest.
What is that government interest? It is not just a substantial government interest; it is the most important government interest that we have--the national security of our country. And preventing our country from being paralyzed from acting in its national security interest is the most compelling and important government interest one can imagine.
Now, people say: Well, this is all hypothetical. There is no evidence the Chinese Government is doing any of this.
Well, let me first start by saying that every threat to our national security begins as theoretical before it becomes reality.
For example, China is building hypersonic missiles designed to sink our ships. They are not firing them at our ships today. They are not sinking our ships. They are not even threatening to sink our ships openly. Yet, somehow, everybody around here agrees that we have got to do something about the hypersonics.
But they are not doing it now. It is theoretical, right?
Russia has never launched nuclear missiles against the United States, but we spend a lot of money every year on NORAD, on monitoring our skies, on making sure that we aren't being attacked. It is a theoretical threat, but one we have taken seriously for 70 years.
Second, what is so theoretical about using propaganda during a time of war?
There is nothing theoretical about propaganda during war and conflict. In fact, propaganda has been a weapon that has been used in virtually every conflict for centuries to demoralize and to divide your adversary.
Third, this is not just theoretical. We have actually seen TikTok be used to drive messages and to undermine opponents. It was used to spread pro-Russian messages during the invasion of Ukraine. It has been used to suppress videos talking about Tiananmen Square and the genocide of Uighur Muslims in China. It is already being used to censor all kinds of--in fact, it was used. It was used to control content and limit content about our elections in this country in 2022.
It goes more. I can go further than that. ByteDance has already been used. ByteDance China has already been used to collect data on specific reporters whose stories ByteDance didn't like. So they used it to track the locations of these reporters.
Where are they? Who are they talking to? In fact, here in America-- here in America--TikTok was caught spying on American journalists who were writing stories that TikTok didn't like, and TikTok denied it: It is not true; it is a lie.
And then they had to admit it. So now, it is: Oh, we fired the people who did this.
And now they are under Justice Department investigation.
But here is the point I would say about this whole theoretical thing. If God forbid--and I say ``God forbid,'' I really do, because no one wishes for armed conflict with anyone. There is nothing good about war. If, God forbid, we are ever in a war with China, China will use cyber attacks to try to take down our electric grid. China will use space weapons to try to destroy the satellites we have in space. China will use these missiles to sink our ships and kill Americans.
China will do all these things, but somehow we think they are incapable of using a social media app with 150 to 200 million users. They would never use that against us. They will sink our ships, shoot down our satellites, shut down our grid, but they would never use an app that they control. Come on. Of course, they would.
Look, there is a lot more to say on this topic, and this is one we should debate and talk about. This is a big deal. Don't take this lightly.
But I will say this. You know, since 1991, America has been the sole superpower in the world. I would venture to guess that almost everyone who serves here did not serve in government at a time when America had a near-peer adversary, for the most part. So I think we, generally, as a nation--certainly, the government--have forgotten what it is like to live in a world in which there is another country and another government that has almost as much power as we do. But, after 30 years, that is where we are. That is where we stand right now. Whether we like it or not, we are in a near-peer competition and, in many ways, a conflict with China for global influence, for the direction of the world, with two very different views of the planet--with the Government of China, by the way, because I always hear people talk about this: We have no problem. The Chinese people are the No. 1 victims of the Chinese Communist Party on the planet. The No. 1 victims of the Chinese Communist Party are the Chinese people.
But their government--it is very simple, guys. They want to be the world's most powerful country, and they want to do it at our expense. And the consequences of that is that the world's most powerful country will be a nation that puts Uighur Muslims in death camps; that is trying to destroy Tibetan culture; that had no problem massacring their own people in Tiananmen Square; that as we speak, right now, are arming the Russians to commit these atrocities in Ukraine; that don't believe any of the things we are debating about free speech and the like.
We are in a competition, and we are in a conflict--hopefully, never an armed one, but, nonetheless, a conflict. And we have, operating in our country, an app--the fastest growing app--a social media app that has the most detailed personal data on over 100 million American users and growing, and they are turning over the power for, one day, for them to use it to divide us, to paralyze us, to confuse us, to turn us against each other.
Think of the damage that Russia did by putting bots, fake accounts, on Twitter and buying ads on Facebook. Can you imagine if Russia actually owned Facebook or Twitter--not put ads, not put bots, but actually controlled those companies--the damage they would have done to this country?
Now, imagine that with a country with an economy 50 times the size and with 100 times more capabilities, because that is what we are facing here.
It is not a game, and we should take it seriously. If there is a way to deal with this that doesn't involve a ban or something drastic, I have always been open to that. But it doesn't exist because of the way this company is structured. And we had better take it seriously or one day, 20, 30 years from now, people will look back and say: You guys should have taken it seriously--and we failed to do so, and we paid the price for it.
We should act on it as soon as possible. We should ban TikTok because it is bad for America. It harms our country, and it is a danger to our future.
I yield the floor.