In a significant development, the U.S. Department of Justice (DOJ) has accused TikTok of collecting extensive information on American users, particularly focusing on their views regarding contentious social issues such as gun control, abortion, and religion. This accusation comes as part of a broader legal battle concerning the future of the popular social media platform, which boasts over 170 million users in the United States.
The DOJ’s claims were outlined in court documents submitted to a federal appeals court in Washington. According to these documents, TikTok and its parent company, ByteDance, based in Beijing, utilized an internal web-based system known as Lark. This system allegedly allowed TikTok employees to communicate directly with ByteDance engineers in China, facilitating the transfer of sensitive data about U.S. users. Federal officials assert that this information has been stored on servers in China, making it accessible to ByteDance employees.
One of the internal tools within Lark reportedly enables employees from both TikTok and ByteDance to gather information on users’ content and expressions, including their opinions on sensitive topics. This capability raises concerns about the potential for “covert content manipulation” by the Chinese government, as the algorithm used by TikTok could be manipulated to influence the content that users see.
The DOJ’s filing highlights the risks associated with this data collection, suggesting that if directed by the Chinese government, TikTok could be compelled to alter its algorithm to further Beijing’s interests. This could potentially undermine trust in American democracy and exacerbate social divisions. The DOJ’s brief warns that such manipulation could be part of a broader strategy by China to exert influence over U.S. public opinion.
In a related report from the Wall Street Journal, it was revealed that TikTok had previously tracked users who engaged with LGBTQ content through a dashboard that the company has since claimed to have deleted. This practice of monitoring user engagement raises further questions about the extent of TikTok’s data collection and its implications for user privacy.
The recent court documents represent a pivotal moment in the ongoing legal struggle over TikTok’s operations in the U.S. In April, President Biden signed a law that could lead to a ban on TikTok if it does not sever ties with ByteDance within a specified timeframe. This legislation received bipartisan support amid growing concerns that the Chinese government could compel ByteDance to hand over U.S. user data or manipulate the platform’s algorithm to serve its interests.
The DOJ emphasizes that the law is not intended to restrict free speech or limit what can be posted on TikTok. Instead, it is framed as a national security measure aimed at addressing the risks posed by foreign ownership of the platform. Officials argue that the law is constitutional, as it does not target protected speech but rather focuses on the ownership structure of TikTok.
In support of its position, the DOJ has included national security declarations from intelligence officials, including the Director of National Intelligence and the Federal Bureau of Investigation. These declarations outline the rationale behind the law and the potential threats posed by TikTok’s operations.
TikTok, for its part, has pushed back against the government’s claims. A spokesperson for the company, Alex Haurek, stated that the redacted brief does not reveal any unconstitutional activities. Haurek argued that a ban on TikTok would silence the voices of 170 million Americans, constituting a violation of the First Amendment. The company has consistently maintained that the government has not provided sufficient evidence to support its claims, asserting that the legal actions taken against TikTok are unprecedented and rely on secret information.
The DOJ’s filing also mentions another tool that allegedly suppresses content based on specific keywords. While certain policies associated with this tool apply to ByteDance users in China, where a similar app called Douyin operates under strict censorship rules, the DOJ suggests that similar policies may have been applied to TikTok users outside of China. TikTok is currently investigating whether these policies were ever implemented in the U.S.
The government has expressed skepticism regarding TikTok’s “Project Texas,” a $1.5 billion initiative aimed at storing U.S. user data on servers owned by Oracle. Officials argue that this plan does not adequately address national security concerns, given the potential for data access by ByteDance employees in China.
In its legal challenge against the law, TikTok has emphasized that the potential ban infringes on First Amendment rights by effectively silencing the platform unless it undergoes a complex divestment process. The company contends that such a divestment would alter the nature of the platform, creating a version of TikTok that lacks the algorithm that has contributed to its success.
In response, the DOJ has countered that TikTok has not presented valid free speech claims, asserting that the law is focused on national security without infringing on protected speech. The DOJ maintains that foreign entities like ByteDance are not shielded by the First Amendment.
TikTok has also raised concerns about perceived discrimination in U.S. law, citing statements from lawmakers who criticized the platform for its alleged anti-Israel bias during the recent conflict in Gaza. However, DOJ officials have rejected this argument, reiterating that the law reflects ongoing concerns about China’s potential to weaponize technology against U.S. national security interests.
As the legal battle unfolds, oral arguments in the case are scheduled for September. The outcome of this case could have significant implications for TikTok’s operations in the U.S. and the broader landscape of social media regulation.
Source: CBS/AP
