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Justice Department Raises New Concerns Over TikTok’s Data Practices
In a significant move against TikTok, the Justice Department has leveled serious allegations against the popular social media platform, claiming it has the ability to collect extensive user data related to controversial societal topics such as gun control, abortion, and religion.
Recently submitted documents to a federal appeals court in Washington indicate that TikTok, along with its parent company ByteDance based in Beijing, has utilized an internal collaboration tool named Lark. This system enabled employees of TikTok to communicate directly with ByteDance engineers located in China.
According to federal officials, TikTok employees allegedly leveraged Lark to transmit sensitive data about American users, which has been stored on servers in China and made accessible to ByteDance personnel. This concern raises alarms about user privacy and data security.
One feature of Lark reportedly allows employees from both ByteDance and TikTok to sift through user-generated content or expressions, including sentiments related to sensitive issues like religion and abortion. A previous report by the Wall Street Journal revealed attempts by TikTok to track users who engaged with LGBTQ content through a now-deleted analytics dashboard.
The Justice Department has expressed grave apprehensions regarding “covert content manipulation” potentially orchestrated by the Chinese government. They argue that the algorithm governing TikTok’s content delivery might be manipulated to influence the kind of content users are exposed to.
“By directing ByteDance or TikTok to covertly manipulate that algorithm, China could, for instance, further its existing malign influence operations and amplify its efforts to undermine trust in our democracy and exacerbate social divisions,” stated the legal brief.
Significant Legal Implications for TikTok
The recent court filings mark a pivotal moment in an extensive legal battle over TikTok’s future in the United States, where it boasts more than 170 million users. A law enacted by President Joe Biden in April threatens a potential ban on the platform unless ties with ByteDance are severed.
This legislation, garnered bipartisan support, arises from fears that Chinese officials might compel ByteDance to turn over sensitive U.S. user data or manipulate user experiences to align with Chinese interests. The Justice Department asserts that the law is concerned with national security rather than curtailing speech, emphasizing that its focus is on foreign ownership rather than the content shared on the platform.
To reinforce their position, the Justice Department included three national security declarations from prominent intelligence officials, including the Director of National Intelligence and the FBI, within the filing.
The government is also requesting the court to permit a classified version of the legal brief that the companies involved would not have access to. TikTok, however, remains confident in its legal stance. Spokesperson Alex Haurek remarked, “The TikTok ban would silence 170 million Americans’ voices, violating the 1st Amendment… We remain confident we will prevail in court.”
Allegations of Censorship by the Justice Department
The Justice Department’s filings indicated that the Lark tool included mechanisms that suppressed content based on certain keywords. They noted that both TikTok and its Chinese counterpart, Douyin, which operates under stricter censorship guidelines from the Chinese government, may have shared similar practices.
Justice officials indicated that while certain policies might have been aimed at users in China, there were considerations regarding whether similar policies applied to TikTok users in the U.S. The department underscored that TikTok is currently investigating these potential policies.
Concerns were also raised about Project Texas, TikTok’s initiative to allocate $1.5 billion towards storing U.S. user data on Oracle-owned servers, with government officials questioning its effectiveness in alleviating national security fears.
In response to the law, TikTok asserts that the potential ban constitutes a violation of the First Amendment, as it could restrict the app’s operation unless it finds a new owner willing to undergo a complex divestment process. Moreover, they argue that such divestment would alter the nature of TikTok’s platform by stripping it of its successful algorithm.
The Justice Department has rebutted these claims, asserting that TikTok’s arguments regarding free speech lack validity. Officials argue that the legislation is focused on matters of national security and does not impinge on protected speech, maintaining that foreign entities like ByteDance do not benefit from First Amendment protections.
Additionally, TikTok contends that the U.S. legislation may discriminate based on viewpoints, citing accusations from certain lawmakers concerning perceived biases against Israel during the Gaza conflict. However, the Justice Department insists that this law reflects ongoing concerns about potential technological manipulation by China against U.S. national interests.
The legal proceedings are set to advance with oral arguments scheduled for September, positioning this law as a critical focal point in the ongoing dialogue about data privacy, national security, and free expression in an increasingly interconnected digital landscape.
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