WASHINGTON – Today, Vice Chairman of the Senate Select Committee on Intelligence Mark R. Warner (D-VA) wrote a letter to President Trump expressing concerns over the administration’s handling of the legally-required divestiture of the social media platform TikTok, including the decision by the administration to once again extend the deadline for TikTok’s parent company, China-based Bytedance, to continue to operate the service and collect Americans’ data.

“The news reports around the extension suggest that the likely deal under consideration would not meet the clear statutory thresholds for eliminating ByteDance’s influence over TikTok’s U.S. operations,” Sen. Warner wrote. “Specifically, it would preserve a material, operational role for ByteDance by not only allowing it to retain a significant equity stake in the divested entity, but also an active role in technology development and maintenance, including over the algorithm governing content displayed to TikTok U.S. users. I also will note that the law passed by Congress only allowed for a single extension of no more than 90 days.  This second delay, announced April 4, 2025, is a clear violation of the law while also continuing to leave Americans vulnerable to malign influence operations conducted by an adversary country.”

“A successful and comprehensive divestiture will require any successor to scrupulously prevent influence or access by ByteDance or other entities under the jurisdiction of the People’s Republic of China.  The deal being discussed undermines confidence that the divested app can be trusted to protect national security and ensure compliance with the law,” he continued.

Sen. Warner also reiterated the role of Congress in regulating foreign and interstate commerce, emphasized that the bill that requires divestment passed with bipartisan support, and pressed the Trump administration to follow the law.

He continued, “I strongly encourage you actually adhere to the law Congress passed and immediately convene an inter-agency team to evaluate any prospective divestiture based on genuine, risk-based criteria.  Any qualified divestiture must ensure a clean operational break from ByteDance and TikTok USA, including by preventing either company from continuing to develop, influence, or access personal data or source code (including the content recommendation algorithm) maintained by the divested company.”

Sen. Warner long led the charge in Congress to combat foreign social media influence campaigns, and keep Americans’ sensitive personal data out of the hands of the Communist Party of China, and has been vocal about the national security threat that ByteDance poses. He has repeatedly said the only eligible buyers of the app are companies that are not beholden to a U.S. adversary.

A copy of letter is available here and text is below.

Dear President Trump:

I write to express concerns with the extension that you announced on Friday April 4, 2025 to allow TikTok to continue its U.S. operations, as well as deep reservations with how you and other involved parties are carrying out the negotiations around the sale of TikTok. The news reports around the extension suggest that the likely deal under consideration would not meet the clear statutory thresholds for eliminating ByteDance’s influence over TikTok’s U.S. operations.  Specifically, it would preserve a material, operational role for ByteDance by not only allowing it to retain a significant equity stake in the divested entity, but also an active role in technology development and maintenance, including over the algorithm governing content displayed to TikTok U.S. users. I also will note that the law passed by Congress only allowed for a single extension of no more than 90 days. This second delay, announced April 4, 2025, is a clear violation of the law while also continuing to leave Americans vulnerable to malign influence operations conducted by an adversary country.

In key respects, the reported deal or arrangement appears to closely resemble the proposed “Project Texas” partnership that ByteDance previously sought approval for through the Committee on Foreign Investment in the United States (CFIUS).  As I and colleagues made clear at the time – and as CFIUS concluded in withholding its approval – such an arrangement would not sufficiently address the data security, counter-intelligence, and covert influence threats posed by ByteDance’s continued role in the provision of social media services in the United States.  More importantly, the bipartisan law the Congress overwhelmingly passed explicitly proscribes such an arrangement – both by categorically prohibiting a qualified divesture from being operated directly or indirectly (including through a parent company, subsidiary, or affiliate) by ByteDance, TikTok or a subsidiary or successor of either company, as well as by requiring that any qualified divestiture preclude “the establishment or maintenance of any operational relationship between the United States operations of the relevant foreign adversary controlled application and any formerly affiliated entities that are controlled by a foreign adversary, including any cooperation with respect to the operation of a content recommendation algorithm or an agreement with respect to data sharing.” 

A successful and comprehensive divestiture will require any successor to scrupulously prevent influence or access by ByteDance or other entities under the jurisdiction of the People’s Republic of China.  The deal being discussed undermines confidence that the divested app can be trusted to protect national security and ensure compliance with the law. For instance, industry outlets currently note that the company announced to manage the divested operations, Oracle, has facilitated ByteDance’s access to controlled advanced semiconductors, raising concerns about its willingness to proactively safeguard U.S. interests. Perhaps more concerningly, Oracle has recently suffered two significant data breaches – including a compromise to sensitive health records hosted by its Oracle Health division, as well as a separate breach involving Oracle Cloud.  Each of these incidents – that Oracle has continued to publicly deny despite sustained reports of confirmation and of private acknowledgement to clients - raise questions about whether Oracle can be trusted as the custodian of sensitive TikTok user data.

In addition, it appears that the efforts to facilitate a qualified divestiture have not followed the substantive, risk-based inter-agency process contemplated in the law.  Rather, reports have consistently painted a picture of an ad hoc process, driven by White House personnel.  Perhaps most concerning, you have explicitly suggested that your compliance with the statutorily mandated divestiture could be tied to negotiations over tariffs with the People’s Republic of China.

Congress retains the constitutional authority to regulate foreign and interstate commerce.  I strongly encourage you actually adhere to the law Congress passed and immediately convene an inter-agency team to evaluate any prospective divestiture based on genuine, risk-based criteria.  Any qualified divestiture must ensure a clean operational break from ByteDance and TikTok USA, including by preventing either company from continuing to develop, influence, or access personal data or source code (including the content recommendation algorithm) maintained by the divested company.

Sincerely,

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