A bipartisan proposal to ban TikTok in the United States has gained support and is sparking a larger debate about data access laws. The Federal Bureau of Investigation (FBI) and the U.S. Department of Justice launched an investigation into TikTok on March 17, 2023, following allegations that the company had been spying on American journalists. In response to these accusations, TikTok CEO Shou Zi Chew appeared before the House Energy and Commerce Committee on March 24, 2023, to defend the application. During his testimony, Chew addressed concerns regarding consumer privacy, data security policies, the platform’s impact on mental health, and security concerns related to the platform’s parent company, ByteDance.
This is not the first time that the United States has considered banning TikTok. Back in 2020, the Trump administration attempted to use emergency powers to block the popular app. However, TikTok remains a private company with over 150 million users in the United States and more than 1 billion active users worldwide.
One of the main reasons behind the proposed ban is national security. Lawmakers in the U.S. are concerned that ByteDance, the Chinese parent company of TikTok, may be forced to leak U.S. user data to the Chinese government. Committee Chair Rep. Cathy McMorris Rodgers stated during the hearing that Chinese laws require Chinese companies like ByteDance to spy on behalf of the Chinese Communist Party (CCP). Chew reassured U.S. lawmakers that until the implementation of a plan called Project Texas, China-based ByteDance employees will have access to some U.S. TikTok user data. However, TikTok does not condone any efforts by their employees to access U.S. user data and releases transparency reports disclosing formal legal requests for user data.
The congressional hearing, lasting five hours, addressed various concerns related to TikTok. Some of these concerns included the addictiveness of the app, misinformation, children’s safety, mental health, selling of data, and data security. TikTok has implemented measures to tackle these concerns, such as featuring reminders for users to take breaks after 60 minutes, actively working to remove misinformation, implementing age-based restrictions for younger users, and having content moderation policies in place.
In addition to the proposed ban in the U.S., several states have already taken legal action against TikTok. Indiana was the first state to sue the company, claiming that the application provides users with inappropriate content and violates consumer protection laws. Arkansas also filed a lawsuit against TikTok, ByteDance, and Facebook’s parent company, Meta, for alleged violations of the Deceptive Trade Practices Act. Furthermore, Montana became the first state to pass legislation banning TikTok on all personal devices, with a fine of $10,000 per day for app stores that host TikTok within state lines.
However, the ban has faced opposition from TikTok, other lawmakers, and TikTok users, who argue that the law is unconstitutional and violates the First Amendment. A group of TikTok users has even filed a lawsuit to overturn the ban. Additionally, several universities have prohibited the use of the app on their networks.
Apart from the United States, there are other countries that have implemented either full or partial bans on TikTok. Afghanistan and India have imposed complete bans, while other countries, such as Australia, Belgium, Canada, Denmark, the European Union, France, Latvia, New Zealand, Norway, Taiwan, and the United Kingdom, have partial bans specifically for government or public sector employees.
Enforcing a ban on TikTok in the U.S. is still uncertain. Possible scenarios could involve popular app stores being ordered to remove the app, making it difficult for users to acquire it, or forcing internet and telecommunications providers to block access to TikTok. In the past, the Indian government blocked TikTok using the latter method.
One significant point of contention surrounding TikTok is its recommendation engine and the data it collects to personalize users’ experiences. TikTok’s recommendation engine analyzes various user behaviors, such as their interaction with videos, comments, likes, and shares, as well as basic login information, location data, IP address, and biometric data. To address concerns about data security and transparency, TikTok has proposed Project Texas, which involves moving U.S. data to a third-party cloud infrastructure accessible only by a team of U.S. residents.
In conclusion, the proposal to ban TikTok in the United States has raised various concerns regarding national security, data privacy, and content moderation. While lawmakers push for a ban, TikTok has argued against it and proposed initiatives to address these concerns. The debate surrounding TikTok’s future and the regulation of data access laws is likely to continue.