TikTok Under Watch: A Look Into The TikTok Ban and Its Implications on National Security and Free Speech
Creators: name: Kwande, Anotida
Publisher: name: American University
Year: 2023
Subjects: classificationCode: 48
subject: Law and legal studies

description: <strong>What is TikTok and How Does It Pose A Threat To National Security?</strong>
Approximately 1 in 3 Americans are active on the social media app TikTok. “The creator economy is a $104 billion market. [And] [f]or every million dollars that brands spend on TikTok, they’re seeing $7.2 million back.” [1] It has not only become enmeshed in popular American culture but in the American economy as well. The app, which features short form video content, collects data about which videos users interact with and for how long among other things in order to tailor content for users. TikTok is able to collect information like location, IP address and browsing and search history, but this is no more information than other American owned social media apps like FaceBook. Even so, there has been a growing worry surrounding the data and reach that the app has. A concern that has led to the ultimatum that Tiktok now faces from the United States government; being banned or bought out.
The main data concern over TikTok lies in the company’s relationship with China. TikTok is owned by the Chinese based technology company Byte-Dance. Under article 7 of the 2017 China National Intelligence Law private companies based in China are mandated to “assist and cooperate with the state intelligence work in accordance with the law.” [2] Furthermore, “[t]he 2014 Counter-Espionage law says that “when the state security organ investigates and understands the situation of espionage and collects relevant evidence, the relevant organisations and individuals shall provide it truthfully and may not refuse.” [2] Both these laws mean that Bytedance (and TikTok by extension) if asked by the Chinese government, would have to give up user data. Although TikTok claims that it would not release user data even if mandated [3], “Fears about Chinese access to U.S. data are not unfounded. China has shown a clear interest in collecting U.S. data, proven by the 2015 OPM hack, the 2017 Equifax hack, and the Marriot hack from 2014 to 2018. While data obtained from TikTok would not be as targeted as the information collected in these hacks, it would still have potential utility for Chinese intelligence.” [source] The threat becomes the possible weaponization of this data by the Chinese government
With information on the predilections and habits of around 150 million Americans, Beijing would be able to “influence operations” according to Christopher Wray, the director of the FBI [4]. There have been reports of political content being suppressed on the platform, which has raised questions about the potential for bias on TikTok. This leads itself to the threat of censorship and disinformation which would ultimately “have enormous repercussions for US elections, policymaking and other democratic discourse.” [5] The possibility that TikTok and the data it collects could be used by foreign governments namely China in order to track, target and influence American citizens is what makes it a threat to national security.
<strong>Previous Attempts To Ban The App and the RESTRICT Act</strong>
This is not the first time the American government attempts to ban TikTok amid concerns of national security. In August of 2020, President Trump issued an executive order that would be blocked by federal court to effectively ban the app unless it was bought out by an American company. Similar to the situation the company faces today. Earlier in November of 2019, the Committee on Foreign Investment in the U.S. (CFIUS) began its investigation on TikTok, one that is yet to be concluded. The move to ban TikTok could be an infringement on American citizens first amendment rights to receive information as well as free speech. As such, the Biden administration’s attempt to ban the app faces the same obstacles and hinges on the passage of a new law. the “Restricting the Emergence of Security Threats that Risk Information and Communications Technology Act” or the “RESTRICT Act”. The RESTRICT act is a bipartisan bill that would allow for the Commerce Department to pass restrictions on or ban foreign technology that it deems a threat to national security. “That would circumvent the speech protections embedded in existing law, lawyers and China watchers said.” [6] However, even if this bill is passed it is unlikely that it could be used to ban TikToK now as it “could still invite First Amendment challenges,” and is unlikely to come “into play until 2024” [7]
<strong>What Now?</strong>
With the passage of the RESTRICT act and the CFIUS investigation into TikTok pending, it is unclear what the future of TikTok in the United States will be. The ongoing debate over TikTok and the RESTRICT Act reflects broader concerns about data security and privacy in the digital age. Considering its economic and cultural influence, banning TikTok could prove disastrous. As policymakers continue to grapple with these issues, it is likely that the controversy over TikTok will continue.