Concerns about potential access to sensitive user data by the Chinese government through TikTok, owned by ByteDance, have led to the U.S. government passing legislation requiring the app’s sale to a government-approved buyer or face a ban. President Biden signed the legislation into law after approval by the U.S. Senate. The pressure on TikTok has increased due to fears about China’s influence.
The root issue lies with China. Lawmakers and regulators in the West fear that TikTok and ByteDance could provide sensitive user data to the Chinese government. They cite Chinese laws enabling secret data demands and worry about potential misinformation fueled by TikTok’s content recommendations, especially during sensitive times like the Israel-Hamas conflict and elections.
TikTok has faced bans in various countries. India imposed a nationwide ban on TikTok and other Chinese apps in 2020 over privacy and security concerns. In the United States, authorities have ordered government agencies to delete TikTok from federal devices and systems due to data security concerns. The European Parliament, European Commission, and EU Council have imposed bans on TikTok on staff devices in the European Union. Other countries such as Afghanistan, Australia, Belgium, Canada, Denmark, France, Indonesia, Nepal, New Zealand, Norway, Pakistan, Somalia, Taiwan, and the United Kingdom have also implemented bans or restrictions on TikTok for various reasons.
The ban on TikTok will primarily target app stores like those run by Apple and Google. If these stores distribute or update TikTok, they could face civil penalties from the federal government. Additionally, internet hosting companies will be prohibited from assisting in distributing or maintaining TikTok. There has been speculation about potential buyers for TikTok, such as a group of investors organized by former Treasury Secretary Steven Mnuchin, large American corporations, or a coalition of private equity firms. However, the approach of “sell or be banned” has raised concerns among digital rights advocates. They worry that the United States might be undermining its role in promoting an open and free internet not subject to individual countries’ control.
The timeline and legal considerations of the TikTok ban are complex. TikTok will remain accessible in the U.S. for the time being, but the implementation of the ban is expected to face legal hurdles. The Chinese government may also attempt to obstruct the sale or export of the technology, potentially prolonging resolution for months or even years. Existing TikTok bans have primarily been enacted by governments and universities with authority over the devices or networks they manage. A broader ban that prevents Americans from using the app could face legal challenges based on First Amendment rights. Justifying such a ban would be difficult given TikTok’s widespread usage by Americans, including politicians and major news outlets, as a platform for sharing diverse content, including political discourse.
The precise method for banning an app from privately owned devices remains ambiguous. While companies like Apple have the capability to block downloads of non-functional apps and those containing inappropriate or illegal content, removing installed apps from users’ devices is uncommon. Biden’s support for TikTok legislation despite his campaign utilizing the platform showcases the complexities surrounding the issue. TikTok has responded to bans and privacy concerns by characterizing them as “political theater” and criticizing lawmakers for attempting to censor Americans. The company has also embarked on a lobbying effort to address national security concerns.
To safeguard your data while using TikTok, you can implement standard privacy practices similar to those employed on other social media platforms. This includes refraining from granting apps permission to access your location or contacts. Additionally, you have the option to watch TikTok videos without creating an account.
