Anti-TikTok Push Frustrates Online Privacy, Safety Advocates

The recent uproar over TikTok on Capitol Hill has exasperated many advocates who have long demanded that Congress beef up online protections for Americans.

The House swiftly approved a measure this month targeting TikTok‘s Chinese-owned parent company ByteDance over national security risks. US intelligence officials have warned of Beijing collecting personal data from American users and spreading propaganda to them on the app. TikTok has repeatedly denied such claims.

Meanwhile, technology groups, privacy advocates, and lawmakers for years have pressed for new regulations that protect Americans’ data. This congressional session alone, lawmakers have introduced a slew of bills intended to improve safety and privacy protections online—but the measures have stalled. Advocates have voiced frustration over the TikTok proposal seizing the spotlight while Congress sits on addressing wider online privacy and safety concerns.

“If Congress wants to protect Americans’ data, it should pass comprehensive privacy legislation,” a coalition of advocacy groups, including the American Civil Liberties Union and the Center for Democracy and Technology, wrote to lawmakers ahead of the House vote.

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The House bill heads to the Senate, where members are galvanized about responding to national security threats posed by China, but several say the issue is part of a larger, long-overdue problem.

“We need something that looks at social media in a broader sense. We have been awful. We have a batting average of zero on that,” Senate Intelligence Chairman Mark Warner (D-Va.) said last week during a Washington Post event, though he added that TikTok is “uniquely challenging” because of its Chinese ownership.

Sen. Mark Warner (D-Va.) warned last week that Congress has a “batting average of zero” on legislative proposals that address wider privacy concerns arising from social media platforms.

Al Drago / Bloomberg

Tech Inaction

As the tech industry has ballooned, Congress has failed to pass rules that would strengthen Americans’ privacy and safety online, despite bipartisan proposals floated over the years. Lawmakers have long decried major tech companies, such as Meta Platforms Inc. and Alphabet’s Google over such concerns, but have yet to hammer out a path forward on legislation.

Currently, House Energy and Commerce Chair Cathy McMorris Rodgers (R-Wash.) has been teasing reintroduction of national data privacy legislation. Several senators have been pushing for targeted measures to protect kids from online harms, such as exploitation, amid a worsening youth mental health crisis.

Sen. Ed Markey (D-Mass.) reacted to the TikTok effort with a fierce callout to pass his bipartisan bill (S. 1418) on kids’ online safety, instead of threatening to ban the short-form video app. His measure, known as COPPA 2.0, would update a decades-old law to block platforms from collecting information from teens without their consent.

“We don’t have only a TikTok problem—we have a Big Tech privacy problem,” Markey said in a recent post on X. “From Meta to Amazon to Discord, US-owned companies are preying on children & teens for profit. We don’t need to ban TikTok to fix their invasive practices. Passing my COPPA 2.0 is the answer. We must act now.”

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Many members acknowledge congressional shortcomings and remain skeptical that the current anti-TikTok momentum will fuel further action. Critics say the impasse largely stems from pro-technology lobbying and a lack of consensus among lawmakers on what tech regulation should look like.

“There ought to be a sign right there that says, ‘property of Big Tech,’” said Sen. Josh Hawley (R-Mo.), pointing to the Senate chamber door, blaming congressional inaction on federal lobbying spending by tech companies.

Still, despite the momentum around TikTok, the odds are stacked against Congress given its history on tech regulation. Expectations are low that senators will act with the same haste as their House counterparts. Some senators have embraced the measure whereas others have raised concerns, signaling potential gridlock to come.

Senate Commerce Chair Maria Cantwell (D-Wash.), whose committee has jurisdiction over the matter, said she’s considering holding a public hearing on TikTok and social media. The top Democrat also has her own broader data proposal related to national security concerns.