The call to ban TikTok in the U.S. is steadily gaining momentum, with legislative action increasing across the country; from proposed state bans to university’s blocking the app over their networks, the data breach allegations against the platform are mounting, increasing tension between the U.S. government and its Chinese counterparts. In a climate reminiscent of the Huawei debacle, TikTok is facing immense pressure from government agencies. With 150 million monthly users on the app in the U.S. the battle to blanket ban the app will be heating up in 2024.
ByteDance perpetuates U.S.-China Tensions
TikTok’s parent company, ByteDance, is at the crux of the issue. The Beijing-based organization has been accused of violating U.S. data privacy laws, which court documents allege have been done through sister company, CapCut. For the benefit of those of us not familiar with TikTok, CapCut is another company owned by ByteDance which is largely used to edit TikTok videos. The document alleges that ByteDance, through CapCut, have violated the Computer Fraud and Abuse Act, California’s Comprehensive Data Access and Fraud Act and Illinois’ Biometric Information Privacy Act. While ByteDance and CapCut are at the core of the issue, TikTok has come under massive scrutiny due to its large U.S. following and the swathes of sensitive data they have access to. At the heart of U.S. concerns is a law that came into effect in China in 2017, compelling companies to share user data with the government pertaining to the country’s national security. In an effort to mitigate security concerns, the government has responded with appeals to sell to Microsoft, and now widespread bans.
Congress Moves to Protect Government Hardware
TikTok experienced exponential growth during the pandemic, with people seeking new ways to communicate, interact and engage while Stay-Home orders prevailed across the country. With niche communities and content across vast interests, TikTok offers something for everyone. #BookTok launched Colleen Hoover, #CookTok introduced us to new recipes and meal ideas, and #TikTokMadeMeBuyIt is one of the leading sources for advertising interesting home ware gadgets and knickknacks. What perhaps started as a frivolous app for teens, quickly exploded into a video search engine for learning new skills, influencer marketing, and platform for social interaction. From viral dances to tutorials, the short-form video app quickly became one of the most popular platforms. Spotting the potential risk for national security, the Trump Administration entered into negotiation with the platform, supporting Microsoft’s bid to buy the company, in exchange for continued access to the U.S. market. The conversation around the sale collapsed with Microsoft asking for full control of the platform’s data, operations, source codes and algorithms in the U.S., Canada, Australia and New Zealand markets. Since then, the calls for a widespread ban have steadily gained momentum, with little in the way of transparency over how data is processed in China.
Earlier this year (2023) the Biden Administration took its first step toward protecting the country’s data by banning TikTok on all federal government-issued devices. Since then, several other states have followed suit, with the Governor of Montana signed a bill proposing a state-wide ban on the app from operating within the state; TikTok swiftly filed an application to oppose the order, arguing the ban would violate the First Amendment. Several universities have echoed the sentiments of the government and banned the use of TikTok across their servers and faculty devices.
Other Countries Are in a Similar Process
India blanket-banned the use of TikTok in 2020, costing the platform 150 million users over geopolitical tensions. It appears their concerns weren’t unfounded, as Forbes reported that ByteDance employees can still access the user data. In Canada, Australia, and Belgium, government officials have also banned staff from using the app on their mobile devices. Several other countries have similar restrictions at a government level, citing the same concerns; privacy, data protection, and national security.
Understanding User Data on TikTok
The sheer size of TikTok’s user base, and the depth of analytics and data they’re able to collect, extract, and analyze is what sends warning signs to national authorities. In the case of India, it’s been well documented that despite the ban, any and all data already captured is still accessible. TikTok spokesperson Jason Gross has vehemently defended the company, citing stringent internal protocols and policies that govern user data, and stated that the company continues to comply with the Indian government in the terms laid out in its blanket ban. However, employees have intimated that the company is in possession of a treasure trove, akin to the National Security Agency.
Using social mapping tools, they’re able to generate a list of any users’ closest connections and those individuals’ personal information. Every TikTok user account has a unique identifier (UID) number. Using the UID, TikTok can retrieve granular data on a specific user; it allows them to access their entire contact list, scrutinize location data, and even deep dive in to user behavior to examine what content they share to contacts and users across various social media platforms. While this level of data collection isn’t unique to TikTok, the key concern is that the Chinese government would be well within the law to request this information, and this is where the problem lies.
Is a Blanket Ban Likely?
As the calls to ban TikTok intensify, many are questioning whether a blanket ban in the U.S. is imminent, considering the tension between America and China, and the precedent set by India. Industry experts don’t seem to think a blanket ban could be easily established. TikTok is more than just social media, it’s a vehicle for self-expression and sharing art, and as such would be protected under the First Amendment. There are also a nearly five million US businesses on the app, as well as politicians, and over 100 million citizens that create TikTok content and use the platform for income-generating purposes. Overriding the will of the people where this is concerned would be a gargantuan task.
Additionally, the logistics of enforcing a blanket ban on private phones are also murky; while Apple and Google technically have the capability to remove an installed app on a user’s phone, this is an unlikely route. Rather, experts speculate that if a ban were to ever come into effect, it would likely be a slow death; TikTok would no longer be able to sell to advertisers, which would immediately kill the profitability, while app stores would remove the app curbing new downloads. For existing users, the app would likely still run for some time, but functionality would decrease until the old version of the app is no longer compatible with the phone’s operating system.
Conclusion
The U.S. government is deeply concerned about TikTok, and, seemingly, with good reason. The Chinese National Intelligence Act suggests that even if ByteDance has every intention of complying with federal and state laws on data privacy and protection, by virtue of being Chinese-owned they’re bound to the Act. With geopolitical tension between the two countries, this leaves legislators with little wiggle room to subvert any attempts to undermine national security. Governments and institutions around the world, including the Biden Administration, have taken steps to protect sensitive data by banning the app on government-issued devices, but there’s still a high level of discomfort regarding citizen data. India has led the charge in effectively instituting a blanket-ban on the app across the country, but U.S. laws make a similar ruling litigious and complicated. So while the call to ban the app intensifies, it seems a judgement is still far off.
