In a significant development, the Justice Department has leveled serious accusations against TikTok, claiming that the popular social media platform has been tracking U.S. users’ views on contentious issues such as gun control, abortion, and religion. This allegation comes as part of a broader legal battle concerning the future of TikTok in the United States, where it boasts over 170 million users.
According to documents filed in a federal appeals court in Washington, government lawyers assert that TikTok, along with its parent company ByteDance, has utilized an internal web-based system known as Lark. This system allegedly allowed TikTok employees to communicate directly with ByteDance engineers based in China. The Justice Department claims that sensitive data regarding U.S. users was transmitted through Lark, with this information ultimately being stored on servers in China, accessible to ByteDance employees.
The court filings detail that Lark includes internal search tools that enable employees from both TikTok and ByteDance to collect information about users’ content and opinions, particularly on sensitive topics. This revelation follows a previous report by the Wall Street Journal, which indicated that TikTok had tracked users who engaged with LGBTQ content through a now-deleted dashboard.
This legal action marks the government’s first substantial defense in a critical case that could determine TikTok’s operational status in the U.S. Under a law enacted by President Joe Biden in April, TikTok faces a potential ban unless it severs ties with ByteDance within a specified timeframe. This legislation received bipartisan support amid growing concerns that the Chinese government could compel ByteDance to surrender U.S. user data or manipulate the platform’s algorithm to influence public opinion in favor of Beijing.
Casey Blackburn, a senior U.S. intelligence official, supported the government’s claims, stating that intelligence reports indicate ByteDance and TikTok Global have acted in response to demands from the Chinese government to censor content outside of China. The Justice Department has expressed grave concerns about the possibility of “covert content manipulation” by the Chinese government, suggesting that the algorithm could be engineered to shape the content users receive.
The Justice Department’s brief warns that if ByteDance or TikTok were to covertly manipulate the algorithm, it could further China’s existing influence operations, potentially undermining trust in American democracy and exacerbating social divisions. The government has also raised alarms about a practice known as “heating,” where certain videos are artificially promoted to achieve a specific number of views. While this feature can enhance content visibility, officials argue it could also be exploited for malicious purposes.
In response to these allegations, TikTok has maintained that the government’s claims lack substantiation. A spokesperson for the company, Alex Haurek, emphasized that a ban on TikTok would infringe upon the First Amendment rights of 170 million Americans. Haurek criticized the government’s reliance on classified information, asserting that TikTok is confident in its legal position and believes it will prevail in court.
The redacted court documents also mention another tool that allegedly suppresses content based on specific keywords. While certain policies of this tool apply to ByteDance users in China, where the company operates a similar app called Douyin, U.S. officials have raised concerns 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 Justice Department 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 existing data transfer practices between TikTok and ByteDance.
In its legal challenge against the law, TikTok has argued that the potential ban violates the First Amendment by restricting the app’s ability to facilitate speech unless it finds a new owner through a complex divestment process. The company contends that such a divestment would alter the platform’s speech dynamics, as it would create a version of TikTok devoid of the algorithm that has contributed to its success.
The Justice Department, however, counters that TikTok has not presented valid free speech claims, asserting that the law is focused on national security without infringing on protected speech. They argue that foreign entities like ByteDance and TikTok are not shielded by the First Amendment.
TikTok has also raised concerns that the U.S. law discriminates based on viewpoints, citing criticisms from lawmakers regarding perceived biases on the platform during the recent conflict in Gaza. The Justice Department has refuted this claim, emphasizing that the law reflects ongoing worries about China’s potential to weaponize technology against U.S. national security interests.
As the legal proceedings unfold, oral arguments in the case are scheduled for September. The outcome of this case could have far-reaching implications for TikTok’s operations in the U.S. and the broader landscape of social media regulation.
Source: Various news outlets
