State Champ Radio ByteDance
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A former executive at ByteDance, the Chinese company which owns the popular short-video app TikTok, says in a legal filing that some members of the ruling Communist Party used data held by the company to identify and locate protesters in Hong Kong.
Yintao Yu, formerly head of engineering for ByteDance in the U.S., says those same people had access to U.S. user data, an accusation that the company denies.
Yu, who worked for the company in 2018, made the allegations in a recent filing for a wrongful dismissal case filed in May in the San Francisco Superior Court. In the documents submitted to the court he said ByteDance had a “superuser” credential — also known as a god credential — that enabled a special committee of Chinese Communist Party members stationed at the company to view all data collected by ByteDance including those of U.S. users.
The credential acted as a “backdoor to any barrier ByteDance had supposedly installed to protect data from the C.C.P’s surveillance,” the filing says.
ByteDance said in a statement that Yu’s accusations were “baseless.”
“It’s curious that Mr. Yu has never raised these allegations in the five years since his employment for Flipagram was terminated in July 2018,” the company said, referring to an app that ByteDance later shut down for business reasons. “His actions are clearly intended to garner media attention.
“We plan to vigorously oppose what we believe are baseless claims and allegations in this complaint,” ByteDance said.
Charles Jung, Yu’s lawyer and a partner at the law firm Nassiri & Jung, said Yu chose to raise the allegations because he was “disturbed to hear the recent Congressional testimony of TikTok’s CEO” when Shou Zi Chew, a Singaporean, vehemently denied Chinese authorities had access to user data.
“Telling the truth openly in court is risky, but social change requires the courage to tell the truth,” Jung said. “It’s important to him that public policy be based on accurate information, so he’s determined to tell his story.”
TikTok is under intense scrutiny in the U.S. and worldwide over how it handles data and whether it poses a national security risk. Some American lawmakers have expressed concern that TikTok’s ties to ByteDance means the data it holds is subject to Chinese law.
They also contend that the app, which has over 150 million monthly active users in the U.S. and more than a billion users worldwide, could be used to expand China’s influence.
During the combative March House hearing, lawmakers from both parties grilled Chew over his company’s alleged ties to Beijing, data security and harmful content on the app. Chew repeatedly denied TikTok shares user data or has any ties with Chinese authorities.
To allay such concerns, TikTok has said that it would work with Oracle to store all U.S. data within the country.
In an earlier court filing, Yu accused ByteDance of serving as a “propaganda tool” for the Chinese Communist Party by promoting nationalistic content and demoting content that does not serve the party’s aims. He also said that ByteDance was responsive to the Communist Party’s requests to share information.
Yu also accused ByteDance of scraping content from competitors and users to repost on its sites to exaggerate key engagement metrics. He says he was fired for sharing his concerns about “wrongful conduct” he saw with others in the company.
In mainland China, ByteDance operates Douyin, which is targeted at the domestic market. TikTok is its global app that is available in most other countries. It was also available in Hong Kong until TikTok pulled out of the market in 2020 following the imposition of a sweeping national security law.
Anyone who tries to open TikTok from within Hong Kong will see a message that reads “We regret to inform you that we have discontinued operating TikTok in Hong Kong.”
Social media company TikTok Inc. filed a lawsuit Monday seeking to overturn Montana’s first-in-the-nation ban on the video sharing app, arguing the law is an unconstitutional violation of free speech rights and is based on “unfounded speculation” that the Chinese government could access users’ data. The lawsuit by TikTok itself follows one filed last week by five content […]
Five TikTok content creators have filed a lawsuit seeking to overturn Montana’s first-in-the-nation ban on the video sharing app, arguing the law is an unconstitutional violation of free speech rights.
The Montana residents also argued in the complaint, filed in federal court late Wednesday without public notice, that the state doesn’t have any authority over matters of national security. Republican Gov. Greg Gianforte signed the bill into law Wednesday and said it would protect Montana residents’ private data and personal information from being harvested by the Chinese government.
The ban is scheduled to take effect on Jan. 1, 2024.
“The law takes the broadest possible approach to its objectives, restricting and banning the protected speech of all TikTok users in Montana to prevent the speculative and unsubstantiated possibility that the Chinese government might direct TikTok Inc., or its parent, to spy on some Montana users,” the complaint states.
“We expected a legal challenge and are fully prepared to defend the law,” said Emily Flower, spokeswoman for the Montana Department of Justice.
TikTok has argued the law infringes on people’s First Amendment rights.
However, spokesperson Brooke Oberwetter declined to comment on the lawsuit Thursday. She also declined to say whether the company helped coordinate the complaint.
The plaintiffs are Montana residents who use the video-sharing app for things like promoting a business, connecting with military veterans, sharing outdoor adventures or expressing their sense of humor. Two of them have more than 200,000 followers.
One content creator, Carly Ann Goddard, shares videos about living on a ranch, parenting, recipes and home decor. Her account has 97,000 followers and has allowed her to roughly triple her family’s household income, the complaint states. TikTok creators can make money in several ways, including by being paid to advertise products to their followers.
The lawsuit — filed just hours after Gianforte signed the measure into law — states the ban would “immediately and permanently deprive Plaintiffs of their ability to express themselves and communicate with others.”
“Montana can no more ban its residents from viewing or posting to TikTok than it could ban the Wall Street Journal because of who owns it or the ideas it publishes,” the plaintiffs’ attorneys wrote.
The case could serve as a testing ground for the TikTok-free America many national lawmakers have envisioned. Cybersecurity experts say it could be difficult to enforce.
Some lawmakers, the FBI and officials at other agencies are concerned the video-sharing app, owned by ByteDance, could be used to allow the Chinese government to access information on U.S. citizens or push pro-Beijing misinformation that could influence the public. TikTok says none of this has ever happened.
A former executive at ByteDance alleges the tech giant has served as a “propaganda tool” for the Chinese government, a claim ByteDance says is baseless.
China passed laws in 2014 and 2017 that compel companies to cooperate with the country’s government for state intelligence work. TikTok says it has never been asked to hand over its data and it wouldn’t do so if asked.
“TikTok is spying on Americans. Period,” Montana Attorney General Austin Knudsen told a legislative committee in March. “TikTok is a tool of the Chinese Communist Party. It is owned by a Chinese company, and under China law, if you are based in China, you will cooperate with the Chinese Communist Party. Period.”
More than half the U.S. states, including Montana, and the federal government have banned TikTok from government-owned devices.
Montana’s law would prohibit downloads of TikTok in the state and would fine any “entity” — an app store or TikTok — $10,000 per day for each time someone “is offered the ability” to access the social media platform or download the app. The penalties would not apply to users.
Opponents say Montana residents could easily circumvent the ban by using a virtual private network, a service that shields internet users by encrypting their data traffic, preventing others from observing their web browsing. Montana state officials say geofencing technology is used with online sports gambling apps, which are deactivated in states where online gambling is illegal.
The idea of a TikTok ban has been around since 2020, when then-President Donald Trump attempted to bar the company from operating in the U.S. through an executive order that was halted in federal courts. President Joe Biden’s administration initially shelved those plans, but more recently threatened to ban the app if the company’s Chinese owners don’t sell their stakes.
Montana’s law would be nullified if the federal government placed a ban on TikTok or if it was sold to a company not based in a country that is federally designated as a foreign adversary, which currently includes China, Russia, North Korea, Iran and Cuba.
Montana became the first state in the U.S. to enact a complete ban on TikTok on Wednesday when Republican Gov. Greg Gianforte signed a measure that’s more sweeping than any other state’s attempts to curtail the social media app, which is owned by a Chinese tech company.
The measure, which is scheduled to take effect on Jan. 1, 2024, is expected to be challenged legally and will serve as a testing ground for the TikTok-free America that many national lawmakers have envisioned.
“Today, Montana takes the most decisive action of any state to protect Montanans’ private data and sensitive personal information from being harvested by the Chinese Communist Party,” Gianforte said in a statement.
TikTok spokesperson Brooke Oberwetter argued that the law infringes on people’s First Amendment rights and is unlawful. She declined to say whether the company will file a lawsuit.
“We want to reassure Montanans that they can continue using TikTok to express themselves, earn a living, and find community as we continue working to defend the rights of our users inside and outside of Montana,” Oberwetter said in a statement.
Keegan Medrano, policy director for the ACLU of Montana, said the Legislature “trampled on the free speech of hundreds of thousands of Montanans who use the app to express themselves, gather information and run their small business in the name of anti-Chinese sentiment.”
Some lawmakers, the FBI and officials at other agencies are concerned the video-sharing app, owned by ByteDance, could be used to allow the Chinese government to access information on American citizens or push pro-Beijing misinformation that could influence the public. TikTok says none of this has ever happened.
When Montana banned the app on government-owned devices in late December, Gianforte said TikTok posed a “significant risk” to sensitive state data. More than half of U.S. states and the federal government have a similar ban.
On Wednesday, Gianforte also announced he was prohibiting the use of all social media applications tied to foreign adversaries on state equipment and for state businesses in Montana effective on June 1. Among the apps he listed are WeChat, whose parent company is headquartered in China; and Telegram Messenger, which was founded in Russia.
The legislation, drafted by the attorney general’s office, easily passed through Montana’s GOP-controlled Legislature.
Gianforte had wanted to expand the TikTok bill to include apps tied to foreign adversaries, but the legislature did not send the bill to him until after the session ended, preventing him from offering any amendments.
Montana’s new law prohibits downloads of TikTok in the state and would fine any “entity” — an app store or TikTok — $10,000 per day for each time someone “is offered the ability” to access the social media platform or download the app. The penalties would not apply to users.
Opponents consider the measure to be government overreach and say Montana residents could easily circumvent the ban by using a virtual private network, a service that shields internet users by encrypting their data traffic, preventing others from observing their web browsing. Montana state officials say geofencing technology is used with online sports gambling apps, which are deactivated in states where online gambling is illegal.
TikTok, which has said it has a plan to protect U.S. users, has vowed to fight back against the ban, along with small business owners who said they use the app for advertising to help grow their businesses and reach more customers.
The app’s fun, goofy videos and ease of use has made it immensely popular, and U.S. tech giants like Snapchat and Meta, the parent company of Facebook and Instagram, see it as a competitive threat.
Though many lawmakers in Montana have been enthusiastic about a ban, experts who followed the bill closely said the state will likely have to defend the legislation in court.
NetChoice, a trade group that counts Google and TikTok as its members, called the bill unconstitutional.
“This is a clear violation of the Constitution, which prohibits the government from blocking Americans from accessing constitutionally-protected speech online via websites or apps,” Carl Szabo, who serves as the group’s vice president and general counsel, said in a statement.
Officials are also bound to receive criticism from advocacy groups and TikTok users who don’t want their favorite app to be taken away. TikTok has been recruiting so-called influencers and small businesses who use the platform to push back on a ban. But others who haven’t been part of an official campaign coordinated by the company are also worried about what lawmakers are doing.
Adam Botkin, a former football player and recent graduate at the University of Montana, said it was a scary time for him as a content creator in Montana. The 22-year-old has nearly 170,000 followers on TikTok, where he mostly posts short videos of himself performing football kicks.
He says he sometimes makes “tens of thousands” of dollars per month from brands looking to market their products on his social media accounts, including Instagram, where he has roughly 44,000 followers.
Botkin says most of his income comes from Instagram, which is believed to be more lucrative for content creators. But he has to grow his following on that platform — and others — to have the same level of popularity that he does on TikTok. He says he’s trying to do that, and won’t try to circumvent the TikTok ban by using a VPN.
“You got to adapt and evolve with how things move,” Botkin said. “So, if I have to adapt and move, I’ll adapt.”
Chatter about a TikTok ban has been around since 2020, when then-President Donald Trump attempted to bar the company from operating in the U.S. through an executive order that was halted in federal courts. President Joe Biden’s administration initially shelved those plans, but more recently threatened to ban the app if the company’s Chinese owners don’t sell their stakes.
TikTok doesn’t want either option and has been clamoring to prove it’s free of any Chinese government interference. It’s also touting a data safety plan it calls “Project Texas” to assuage bipartisan concerns in Washington.
At the same time, some lawmakers have emerged as allies, arguing efforts to restrict data harvesting practices need to include all social media companies, not just one. Republican Sen. Rand Paul of Kentucky blocked a bill in March that would ban TikTok nationally, saying such a move would violate the Constitution and anger the millions of voters who use the app.
Montana’s TikTok ban also comes amid a growing movement to limit social media use among kids and teens and, in some cases, impose bans. Several bills circulating in Congress aim to get at the issue, including one that would prohibit all children under the age of 13 from using social media and require permission from a guardian for users under 18 to create an account.
Some states, like Utah and Arkansas, have already enacted laws that would hinge social media use on parental consent and similar bills are in the works in other states. Last year, California enacted a law that would require companies to beef up data protection practices for children and offer them the highest privacy settings.
ByteDance is closing the free tier of its music streaming service Resso, the company announced on Wednesday (May 3). The move to premium-only streaming takes place on May 11, according to a statement from ByteDance, and current users on the ad-supported tier will be offered a 30-day free trial of the premium service.
“Resso premium is already a best-in-class music service with ad-free listening and a host of personalized and social features,” Ole Obermann, ByteDance’s global head of music, said in a statement. “Resso’s move to a premium-only service will allow the development of a better user experience for music fans, while increasing opportunities for rightsholders and artists. We are committed to building the world’s leading social music streaming platform and ensuring artists and music creators can rightly benefit from its growing success.”
ByteDance initially launched Resso in March 2020; it is currently available only in India, Indonesia, and Brazil. Last year, ByteDance entered into conversations with major music rights holders about moving its music streaming service into additional countries in Latin America, Southeast Asia, Australia, and New Zealand.
Those conversations are complicated by the fact that the music industry is hoping for better payouts from another ByteDance company, the massively successful app TikTok.
“No one right now wants to help ByteDance expand into significant material marketplaces without them fixing the TikTok situation,” an executive told Billboard last year. And Sony Music’s contract with Resso expired in September, meaning its catalog, including the music of stars like Beyoncé and Doja Cat, is not available on the service.
Streaming subscriptions are a key driver of music industry revenue. Paid subscription streaming revenue cracked $10 billion in the U.S. for the first time in 2022, according to the RIAA, accounting for 77% of all streaming revenue and nearly two thirds of total revenue. This means it’s likely that the music industry will be heartened by Resso’s focus on growing its premium subscriber numbers.
“Their plans in subscription are something we definitely want to encourage,” a major label executive told Billboard last year. “We love to see that huge funnel of a billion consumers connected to a value-creative experience.”
TikTok CEO Shou Zi Chew posted an urgent video on the app on Tuesday (March 21) that aimed to demonstrate how ingrained TikTok is in the lives of more than 150 million Americans at a time when the app is under threat of being banned (again).
Chew is set to testify before the House Committee on Energy and Commerce on Thursday. His appearance comes as politicians and regulators repeatedly express concern that TikTok and its Chinese parent company, ByteDance, will turn user data over to the Chinese government. (TikTok has repeatedly denied these allegations.) Earlier this month, TikTok said the U.S. government had asked Bytedance to sell the app or face a ban, according to The Wall Street Journal.
Chew’s video started out celebratory and seemed couched in terms straight out of U.S. political debates, emphasizing the app’s reach and its potential economic impact. “I’m super excited to announce that more than 150 million Americans are on TikTok,” Chew said. The app had previously touted 100 million U.S. users in 2020. (It has over 1 billion active users globally.)
“That’s almost half the U.S. coming to TikTok to connect, to create, to share, to learn, or just to have some fun,” Chew continued. “This includes 5 million businesses that use TikTok to reach their customers. And the majority of these are small and medium businesses.”
@tiktok Our CEO, Shou Chew, shares a special message on behalf of the entire TikTok team to thank our community of 150 million Americans ahead of his congressional hearing later this week. ♬ original sound – TikTok
But this triumphant tone quickly gave way to a warning. “Some politicians have started talking about banning TikTok,” Chew added. “This could take TikTok away from all 150 million of you.” He called this a “pivotal moment” for the app and asked users to leave comments noting “what they love about TikTok” so he could pass those on during his meetings in Washington, D.C.
The U.S. government’s scrutiny of TikTok is not new; President Trump threatened to ban the app back in 2020. (India did ban the app that year.) TikTok has been in lengthy talks with the Committee on Foreign Investment in the United States to try to come up with a solution that allays fears about the way it handles users’ data, but these negotiations appear to have made little headway. The U.S. government recently banned TikTok from all federal devices.
TikTok spokespeople have described the threat of a larger ban as “little more than political theater.”
“If protecting national security is the objective, divestment doesn’t solve the problem,” a spokeswoman for TikTok told The Associated Press earlier this month. “A change in ownership would not impose any new restrictions on data flows or access.”
China accused the United States on Thursday of spreading disinformation and suppressing TikTok following reports that the Biden administration was calling for its Chinese owners to sell their stakes in the popular video-sharing app.
The U.S. has yet to present evidence that TikTok threatens its national security and was using the excuse of data security to abuse its power to suppress foreign companies, Foreign Ministry spokesperson Wang Wenbin told reporters at a daily briefing.
“The U.S. should stop spreading disinformation about data security, stop suppressing the relevant company, and provide an open, fair and non-discriminatory environment for foreign businesses to invest and operate in the U.S.,” Wang said.
TikTok was dismissive Wednesday of a report in The Wall Street Journal that said the Committee on Foreign Investment in the U.S., part of the Treasury Department, was threatening a U.S. ban on the app unless its owners, Beijing-based ByteDance Ltd., divested.
“If protecting national security is the objective, divestment doesn’t solve the problem: A change in ownership would not impose any new restrictions on data flows or access,” TikTok spokesperson Maureen Shanahan said.
Shanahan said TikTok was already answering concerns through “transparent, U.S.-based protection of U.S. user data and systems, with robust third-party monitoring, vetting, and verification.”
The Journal report cited anonymous “people familiar with the matter.” The Treasury Department and the White House’s National Security Council declined to comment.
In late February, the White House gave all federal agencies 30 days to wipe TikTok off all government devices. Some agencies, including the Departments of Defense, Homeland Security and the State Department already have restrictions in place. The White House already does not allow TikTok on its devices.
Congress passed the “No TikTok on Government Devices Act” in December as part of a sweeping government funding package. The legislation does allow for TikTok use in certain cases, including for national security, law enforcement and research purposes.
Meanwhile, lawmakers in both the House and Senate have been moving forward with legislation that would give the Biden administration more power to clamp down on TikTok.
TikTok remains extremely popular and is used by two-thirds of teens in the U.S. But there is increasing concern that Beijing could obtain control of American user data that the app has obtained and push pro-Beijing narratives and propaganda on the app.
China has long been concerned about the influence of overseas social media and communications apps, and bans most of the best-known ones, including Facebook, Twitter, Instagram, YouTube — and TikTok.
TikTok was dismissive Wednesday of reports that the Biden administration was calling for its Chinese owners to sell their stakes in the popular video-sharing app, saying such a move wouldn’t help protect national security.
The company was responding to a report in The Wall Street Journal that said the Committee on Foreign Investment in the U.S., part of the Treasury Department, was threatening a U.S. ban on the app unless its owners, Beijing-based ByteDance Ltd., divested.
“If protecting national security is the objective, divestment doesn’t solve the problem: a change in ownership would not impose any new restrictions on data flows or access,” TikTok spokesperson Maureen Shanahan said. “The best way to address concerns about national security is with the transparent, U.S.-based protection of U.S. user data and systems, with robust third-party monitoring, vetting, and verification, which we are already implementing.”
The Journal report cited anonymous “people familiar with the matter.” The Treasury Department and the White House’s National Security Council declined to comment.
Late last month, the White House gave all federal agencies 30 days to wipe TikTok off all government devices.
The Office of Management and Budget called the guidance a “critical step forward in addressing the risks presented by the app to sensitive government data.” Some agencies, including the Departments of Defense, Homeland Security and State, already have restrictions in place. The White House already does not allow TikTok on its devices.
Congress passed the “No TikTok on Government Devices Act” in December as part of a sweeping government funding package. The legislation does allow for TikTok use in certain cases, including for national security, law enforcement and research purposes.
Meanwhile, lawmakers in both the House and Senate have been moving forward with legislation that would give the Biden administration more power to clamp down on TikTok.
Rep. Mike McCaul, the chairman of the House Foreign Relations Committee, has been a vocal critic of the app, saying the Chinese Communist Party is using it to “manipulate and monitor its users while it gobbles up Americans’ data to be used for their malign activities.”
“Anyone with TikTok downloaded on their device has given the CCP a backdoor to all their personal information. It’s a spy balloon into your phone,” the Texas Republican said.
TikTok remains extremely popular and is used by two-thirds of teens in the U.S. But there is increasing concern that Beijing could obtain control of American user data that the app has obtained.
The company has been dismissive of the ban for federal devices and has noted that it is developing security and data privacy plans as part of the Biden administration’s ongoing national security review.
The White House is giving all federal agencies 30 days to wipe TikTok off all government devices, as the Chinese-owned social media app comes under increasing scrutiny in Washington over security concerns.
The Office of Management and Budget calls the guidance, issued Monday, a “critical step forward in addressing the risks presented by the app to sensitive government data.” Some agencies, including the Departments of Defense, Homeland Security and State, already have restrictions in place; the guidance calls on the rest of the federal government to follow suit within 30 days.
The White House already does not allow TikTok on its devices.
“The Biden-Harris Administration has invested heavily in defending our nation’s digital infrastructure and curbing foreign adversaries’ access to Americans’ data,” said Chris DeRusha, the federal chief information security officer. “This guidance is part of the Administration’s ongoing commitment to securing our digital infrastructure and protecting the American people’s security and privacy.”
The guidance was first reported by Reuters.
Congress passed the “No TikTok on Government Devices Act” in December as part of a sweeping government funding package. The legislation does allow for TikTok use in certain cases, including for national security, law enforcement and research purposes.
TikTok spokesperson Brooke Oberwetter said Monday: “The ban of TikTok on federal devices passed in December without any deliberation, and unfortunately that approach has served as a blueprint for other world governments. These bans are little more than political theater.”
House Republicans are expected to move forward Tuesday with a bill that would give Biden the power to ban TikTok nationwide. The legislation, proposed by Rep. Mike McCaul, looks to circumvent the challenges the administration would face in court if it moved forward with sanctions against the social media company.
If passed, the proposal would allow the administration to ban not only TikTok but any software applications that threaten national security. McCaul, the chairman of the House Foreign Relations Committee, has been a vocal critic of the app, saying it is being used by the Chinese Communist Party to “manipulate and monitor its users while it gobbles up Americans’ data to be used for their malign activities.”
“Anyone with TikTok downloaded on their device has given the CCP a backdoor to all their personal information. It’s a spy balloon into your phone,” the Texas Republican said in a statement Monday.
Sen. Bob Menendez, D-N.J., his counterpart in the Senate, did not shut down the idea of the chamber taking up a proposal that would empower Biden to take action against TikTok, saying it was “certainly something to consider.”
Oberwetter said: “We hope that when it comes to addressing national security concerns about TikTok beyond government devices, Congress will explore solutions that won’t have the effect of censoring the voices of millions of Americans.”
TikTok, owned by ByteDance Ltd., remains extremely popular and is used by two-thirds of teens in the U.S. But there is increasing concern that Beijing could obtain control of American user data that the app has obtained.
The company has been dismissive of the ban for federal devices and has noted that it is developing security and data privacy plans as part of the Biden administration’s ongoing national security review.
Canada also announced Monday that it is banning TikTok from all government-issued mobile devices. The European Union’s executive branch said last week it has temporarily banned TikTok from phones used by employees as a cybersecurity measure.
Two more senators are calling for restrictions on TikTok’s operations in the U.S., citing alleged risks to national security and consumer privacy presented by the Chinese-owned platform.
In the letter sent Thursday, U.S. Sens. Richard Blumenthal (D-Conn.) and Jerry Moran (R-Kan.) called on the Committee on Foreign Investment in the United States (CFIUS), which is currently investigating TikTok’s 2017 merger with Musical.ly, “to swiftly conclude its investigation and impose strict structural restrictions” between the platform and its Chinese parent company, ByteDance — including by “potentially separating” the two companies. The letter was addressed to U.S. Treasury Secretary and CFIUS chair Janet Yellen.
In the letter, Blumenthal and Moran cite a December disclosure by ByteDance — reported by The New York Times — that four of its employees obtained the data of several TikTok users, including two journalists, in an effort to locate the sources of suspected leaks to journalists of internal company conversations and documents.
Despite ByteDance’s assertion that it fired the employees involved, Blumenthal and Moran allege that the scheme was in fact perpetrated by a “formal ‘Internal Audit and Risk Control’ team” directed by senior executives, including TikTok CEO Shou Zi Chew.
“The incident also occurred while TikTok’s executives had repeatedly promised that Americans’ personal data was secure against such spying,” the letter reads, citing testimony given by TikTok’s vp/head of public policy, Michael Beckerman, to the Senate Commerce Committee’s Subcommittee on Consumer Protection in October 2021.
The letter goes on to claim that TikTok company engineers “continue to have dangerous access to Americans’ personal data and control over its algorithmic recommendation systems, access that continues enable this spying on journalists.”
The senators cite several more reports to bolster their case, including a December article in The Wall Street Journal reporting that TikTok’s product development and management — including oversight of its algorithmic recommendation system — remains based in China. Another article published by Forbes in August, which reported that roughly 300 current employees at TikTok and ByteDance work or have worked for Chinese propaganda outlets including Xinhua News Agency and China Global Television, is also held up as evidence to support restrictions.
Elsewhere, Blumenthal and Moran cite an October investigation by Consumer Reports that found TikTok tracks Americans — including those who don’t use the platform — by embedding “a tracking technology” on partner websites. “While this collection effort is ostensibly an advertising effort by the company, the transmission to TikTok of non-user IP addresses, a unique ID number, and information about what an individual is doing on a site provides a deep understanding of those individuals’ interests, behaviors, and other sensitive matters,” the letter adds.
Despite TikTok’s assurance that it no longer censors videos critical of the Chinese government and other authoritarian regimes, the senators additionally allege that the platform “continues to opaquely demote or remove certain content, including blocking LGBTQ accounts.”
TikTok “is clearly, inextricably dependent on ByteDance for its operations,” the letter concludes, “and therefore beholden to the government of China.”
Thursday’s letter is just the latest in a string of recent condemnations of TikTok by U.S. lawmakers. In December, President Joe Biden signed a bill that prohibits use of the platform by nearly 4 million government employees on devices owned by its agencies, joining at least 27 state governments and several universities that have passed similar measures. The same month, Sen. Marco Rubio (R-Flor.), Rep. Mike Gallagher (R-Wis.) and Rep. Raja Krishnamoorthi (D-Ill.) introduced a bill that would effectively ban TikTok and any other China-based social media platform from operating in the United States. And earlier this month, Sen. Michael Bennet (D-Col.), pushed Apple and Google to remove TikTok from their app stores over national security concerns, claiming the Chinese Communist Party could “weaponize” the platform against the United States by forcing ByteDance to “surrender Americans’ sensitive data or manipulate the content Americans receive to advance China’s interests.”
These lawmakers clearly weren’t assuaged by TikTok’s announcement in June that it had started routing U.S. user data to Oracle cloud servers located in the U.S., instituted audits of its algorithms and established a new department to solely manage U.S. user data for the platform.
Concerns about TikTok have been prevalent in other corners of the West, most prominently in Europe. In January, Zi Chew met with European Union officials over concerns about child safety and data privacy, among other matters. On Friday, TikTok’s general manager of operations in Europe, Rich Waterworth, attempted to allay some of those concerns in a blog post where he noted that the company plans to establish two additional European data centers, citing a commitment “to keeping our European community and their data safe and secure.” He added that the company is “continuing to deliver against” a data governance strategy they set out for Europe last year, which includes plans to further reduce employee access to European data, minimize data flows outside Europe and store European user data locally.
Zi Chew is slated to appear before the House Committee on Energy and Commerce on March 23, when he’s expected to comment on TikTok’s data security and user privacy policies, the app’s impact on children and ties with the Chinese Communist Party.
