Protecting Americans from Foreign Adversary Controlled Applications Act facts for kids
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| Long title | An Act to protect the national security of the United States from the threat posed by foreign adversary controlled applications, such as TikTok and any successor application or service and any other application or service developed or provided by ByteDance Ltd. or an entity under the control of ByteDance Ltd. |
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| Enacted by | the 118th United States Congress |
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The Protecting Americans from Foreign Adversary Controlled Applications Act (PAFACA) is a law enacted during the 118th United States Congress. Introduced by representatives Mike Gallagher and Raja Krishnamoorthi, the law makes it illegal to distribute, maintain, or update (or enable the distribution, maintenance, or updating of) social media apps designated as "foreign adversary controlled applications" unless exempted under a qualified divestiture as determined by the president of the United States.
The law explicitly targets the Chinese internet technology company ByteDance, its subsidiary and video-sharing platform TikTok, and provides for other large social media applications to be targeted under the bill if they are deemed to pose a threat to national security. It followed years of various attempts by U.S. lawmakers and politicians to ban the app in the country and was passed by the House of Representatives on March 13, 2024. A modified version was passed as part of a foreign aid package by the House on April 20 and by the United States Senate on April 23. It was signed into law by U.S. President Joe Biden the following day as part of the larger National Security Act, 2024.
Provisions
The act applies to companies designated as a provider of "foreign adversary-controlled applications"; that phrase is defined as "a website, desktop application, mobile application, or augmented or immersive technology application that is operated, directly or indirectly, by" an entity controlled by a foreign adversary. The Act explicitly designates ByteDance, Ltd. or its subsidiaries and successors as a provider of "foreign adversary-controlled applications", and allows for the President of the United States to issue orders designating other companies as providers of "foreign adversary-controlled applications" if they:
- Are controlled by or otherwise under the jurisdiction of a "foreign adversary country" as defined by section 4872(d)(2) of Title 10 of the United States Code.
- Offer a service which allows registered users to "generate, share, and view text, images, videos, real-time communications, or similar content" that can be viewed by other users.
- The provisions exclude services used to post customer reviews and travel information.
- Have at least one million active users in the United States.
- Pose a "significant threat" to the national security of the United States.
The Act prohibits the distribution, maintenance, or updating of "foreign adversary-controlled applications", including the facilitation of services (such as hosting) that enable such activities. This includes disseminating the applications on an online marketplace such as an app store. This effectively bans affected services from the U.S. market.
Restrictions under the Act take effect 180 days after a designation is issued, during which time the application must provide the ability for users to export their data from the service. The Act no longer applies if the application is divested in such a way as to no longer be controlled by a foreign adversary, as determined by the president of the United States through an interagency process.
See also
- Entrapment
- Democratic backsliding
