Rep. John Moolenaar, Chair of the House’s Select Committee on Countering China, has issued clear requirements for any TikTok deal as the April 5 deadline approaches. 

The Michigan Republican emphasizes that ByteDance must fully divest control of the app to comply with federal law.

The Protecting Americans from Foreign Adversary Controlled Applications Act, upheld by the Supreme Court this year, establishes specific parameters for TikTok’s continued operation in the United States. According to Moolenaar, these requirements are “non-negotiable.”

“ByteDance must fully divest its control of TikTok and have no say in its operations; nor can the two share data, content, or algorithms,” Moolenaar says in a National Review op-ed. Any arrangement failing to meet these criteria “simply isn’t legal,” he states.

The congressman’s statements come as President Trump considers a potential deal involving American company Oracle, which would run TikTok’s U.S. operations. Trump suspended enforcement of the ban upon taking office, setting a 75-day deadline that expires April 5.

Concerns Over Previous Mitigation Attempts

Moolenaar criticizes ByteDance’s previous attempt to address security concerns through “Project Texas,” which stored American data on U.S.-based servers while maintaining Chinese control of the platform.

“It’s no shock that even after Project Texas was rolled out, Americans’ data kept flowing to China, and ByteDance still had the power to censor and quietly manipulate users through TikTok’s algorithm,” Moolenaar notes.

The congressman identifies two concerning aspects of potential shared-ownership arrangements: maintaining ByteDance’s algorithm control and allowing Chinese influence over TikTok’s operations. 

He asserts that ByteDance appears to be pushing for a licensing deal that would “keep its tentacles in TikTok” through continuing algorithm access and retaining staff loyal to the Chinese company.

Potential Market Implications

The lawmaker points to early market concerns, noting that Akamai, a key TikTok service provider, has “openly acknowledged the legal risks it faces under the current arrangement.”

Moolenaar warns that allowing ByteDance to maintain control could expose U.S. technology companies to shareholder lawsuits and significant legal penalties. Such outcomes might “destabilize the tech sector” and impact Americans who rely on the industry.

Republicans in Congress expect to receive briefings on the proposed deal’s framework this week.