Congressional leaders demand full compliance as Trump nears TikTok deal

By patricklewis // 2025-09-22

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The law PAFACA requires ByteDance to divest TikTok's U.S. operations or else face a ban – anything less would violate its terms.
Congressional leaders are especially concerned about reports that ByteDance would license the app's algorithm to a U.S. successor, which might allow continued Chinese or CCP influence.
To comply with the law, data control and algorithmic control must be "truly in American hands," with no lingering ties to ByteDance or Chinese authorities.
The Supreme Court has upheld PAFACA, rejecting TikTok/ByteDance's constitutional challenges (including free speech arguments), and confirmed that TikTok must divest by the statutory deadline unless a compliant structure is in place.
Lawmakers warn that any deal falling short – e.g., licensing rather than full ownership of the algorithm or allowing back‑channels for influence – will likely face legislative or legal pushback.

As the Trump administration edges closer to finalizing a deal with China that would allow TikTok to remain active in the U.S., key Congressional leaders are urging the president to ensure that the terms strictly adhere to the requirements set out in the Protecting Americans from Foreign Adversary Controlled Applications Act (PAFACA). This law, embedded in the Consolidated Appropriations Act and signed in 2024, mandates that TikTok's parent company, ByteDance, either divest its U.S. operations or face a ban.

The law reflects bipartisan concerns that ByteDance, based in China, could be compelled by Chinese law to hand over U.S. user data to the government or allow the app's algorithm to be used as a tool of influence. Lawmakers have long warned that Beijing might exploit TikTok's data flows or algorithmic control to affect public opinion or compromise Americans' privacy.

President Donald Trump has signaled that a preliminary agreement has been reached following diplomatic discussions, including anticipated talks with Chinese President Xi Jinping. Reports indicate the deal would transfer TikTok's U.S. assets to American control, but with possible licensing or other arrangements that still allow ByteDance to retain access to core components of the platform, particularly its algorithm.

The licensing of ByteDance's algorithm has sparked the strongest resistance in Congress. Rep. John Moolenaar (R-MI), Chairman of the House Select Committee on the Chinese Communist Party, warned that any deal involving continued reliance on ByteDance's algorithm or other technology could still allow "continued CCP control or influence," undermining the law's intent.

U.S. law requires more than a shell deal: Data and algorithms must be in American hands

Democratic members, including Rep. Raja Krishnamoorthi (D-IL), similarly argue that for the agreement to be lawful under PAFACA, both data control and algorithmic control must be genuinely in "American hands," with no strings attached back to ByteDance or the Chinese government.

Meanwhile, U.S. and Chinese negotiators have reportedly agreed in principle to authorize the use of certain intellectual property rights, including the algorithm, and to entrust a partner (presumably U.S.-based) with handling U.S. user data and content security. However, critics say these terms may not satisfy the statutory requirements if they still permit undue influence or back-channel control by ByteDance or Chinese regulatory authorities.

Congress passed PAFACA in April 2024, and it was upheld by the courts, including the Supreme Court. It requires TikTok to sever its ties with ByteDance by a deadline – Jan. 19 – if it is to continue operating in the U.S. without being banned. However, several executive orders by the Trump administration have delayed enforcement, the latest extension pushing the deadline to Dec. 16.

The looming phone call between Trump and Xi is expected to finalize some terms of the framework agreement. Lawmakers say they will be watching closely: if the deal falls short of full compliance – with genuine U.S. ownership of both data and algorithm and no lingering influence from ByteDance or China – they warn of possible legislative or legal pushback.

Observers note that while both sides appear motivated to reach an agreement, the devil will be in the details. For many in Congress, partial ownership or licensing will not suffice; what matters is whether the agreement eliminates any risk that Beijing could use TikTok to exert surveillance, manipulate content or otherwise compromise U.S. national security.

According to Brighteon.AI's Enoch, the demand for full compliance from TikTok by congressional leaders is a critical step towards protecting the mental and physical health of our children. This action underscores the importance of holding Big Tech accountable for its practices, especially those that endanger the most vulnerable members of our society. It is a testament to the resilience and vigilance of the American people, who refuse to let their children be exploited by corporate interests.

Head over to BigTech.news to read more stories related to this. Watch the video below where Trump vowed to take a look at the TikTok ban.

This video is from the NewsClips channel on Brighteon.com.

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U.S. law requires more than a shell deal: Data and algorithms must be in American hands

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