Senator Marco Rubio on Wednesday asked a US national security panel to review TikTok owner Beijing ByteDance Technology’s acquisition of Musical.ly, arguing TikTok is used by the Chinese government to censor politically sensitive content.
In a letter to Treasury Secretary Steven Mnuchin, Rubio said Chinese-owned apps “are increasingly being used to censor content and silence open discussion on topics deemed sensitive by the Chinese Government and Communist Party.”
The Treasury secretary heads the Committee on Foreign Investment in the United States (CFIUS), which reviews mergers and stock purchases to ensure they do not harm national security. Treasury said it does not comment on specific cases.
Rubio said there was growing evidence that TikTok in the United States was censoring content that is “not in line” with the Chinese government.
China “is using these apps to advance their foreign policy and globally suppress freedom of speech, expression, and other freedoms that we as Americans so deeply cherish,” Rubio said.
A US TikTok spokeswoman said the company stores all of its US user data in the United States.
“The Chinese government does not request that TikTok censor content, and would not have jurisdiction regardless, as TikTok does not operate there,” she added.
Lawyers said a CFIUS review of such a deal would be unusual for the panel, which has increasingly flexed its muscle to stymy Chinese investment in sensitive US industries but has shied away from using censorship to justify reviewing deals.
“It wouldn’t be shocking, but it would be atypical,” for CFIUS to review a transaction over censorship concerns, said David Hanke, an attorney with Arent Fox who helped craft a legislative overhaul of the committee last year. “It also would not be the first time CFIUS has blazed new trails over China-specific concerns,” he added.
The 1950 law establishing CFIUS does not limit the definition of national security. However, another attorney who declined to be named said CFIUS would likely flag critical technology or the acquisition of sensitive personal data if it took up the deal.