By David Shepardson
WASHINGTON (Reuters) – President-elect Donald Trump cannot ignore a law requiring China’s ByteDance to divest its popular short video app TikTok in the U.S. early next year or face a ban, the Democratic chairman of a panel of judges said the US Senate on Tuesday. .
Senator Richard Blumenthal, a Democrat who is holding a hearing on Chinese hacking incidents, cited legislation passed by Congress in April over security concerns that China could access data on Americans’ TikTok or spy on them using the app.
Blumenthal also raised security concerns on Tuesday about Tesla (NASDAQ:) and SpaceX CEO Elon Musk’s ties to China and other tech companies.
Blumenthal noted that Congress required the app’s divestiture by Jan. 19 unless President Joe Biden grants a one-time extension of up to 90 days, which he can only do if ByteDance has made significant progress. Trump, who unsuccessfully tried to ban TikTok in 2020, has said that if elected in November he would not allow TikTok to be banned.
“He can’t ignore the law,” Blumenthal said. “If he wants to change the law, he can try, but I can tell him and tell the American people — the sentiment here is pretty strong in favor of that law.”
In addition, Blumenthal expressed concerns about China’s ties with American technology companies, including Tesla and CEO Elon Musk’s SpaceX. Musk is closely involved in Trump’s transition. Blumenthal said Tesla produces about half of its cars in China and noted that the U.S. Department of Defense is heavily dependent on SpaceX.
“Those extensive economic ties and China’s willingness to exploit them are a dangerous combination, a real risk for this country,” Blumenthal said, adding: “Mr. Musk and Tesla are far from the only ones in Big Tech who are confronted with this situation.”
Blumenthal also raised concerns about Apple (NASDAQ:), saying it complies with Chinese censorship and surveillance requirements and has 20% of its sales and 80% of its suppliers operating in China.
“If Americans have to choose between American security and hugely profitable access to the Chinese market, Americans may doubt that SpaceX, Mr. Musk, (Apple CEO) Tim Cook and other technology leaders will side with America,” Blumenthal said.
Apple and Tesla did not immediately comment.
Driven by concerns that China could access data on Americans or spy on them using TikTok, the U.S. Congress passed the measure with overwhelming support and President Joe Biden signed it into law in April.
TikTok and ByteDance have challenged the law. A ruling from a US appeals court is expected in the coming weeks. TikTok did not immediately comment.
The law prohibits app stores such as Apple and Alphabet’s (NASDAQ:) Google from offering TikTok and prohibits internet hosting services from supporting TikTok unless ByteDance divestes TikTok within the specified period.
The Biden administration has said it wants Chinese ownership to end for national security reasons, but not through a ban on TikTok.