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Thirteen years ago, the then-unknown teenager Rebecca Black posted her song “Friday” to YouTube, hoping to spark her music career. We all remember what happened next. The song, which amassed 171M views and 881K comments on YouTube to date, was pushed up the Billboard charts, peaking at No. 58 on the Hot 100. “Friday” was a true cultural phenomenon — but only because it was a laughingstock. 
“I became unbelievably depressed,” Black said of the song’s meme-ification — and the cyberbullying that came with it — on Good Morning America in 2022. “And [I felt] trapped in this body of what the world would see me as forever. I hadn’t even finished growing.” 

Many music makers dream of waking up one morning and realizing a song of theirs has gone viral overnight. But, as Black’s experience shows, not all virality is created equal. At best, it can bring a Hot 100 hit, radio play and a slew of new, lifelong fans. At worst, it can be the artists’ worst nightmare.

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One such worst-case scenario recently took place with Gigi D’Agostino’s 1999 Italo dance track “L’amour Toujours,” which was recently co-opted by the German far-right. In a popular video posted to social media, a group of young men sang the song outside a bar on the German island Sylt, replacing the original lyrics with a Neo-Nazi slogan that translates roughly to “Germany to the Germans, out with the foreigners.” As they chanted the xenophobic lyric, one of the men raised his arm in a Nazi-like salute. Another put two fingers to his upper lip in a seeming allusion to Adolf Hitler’s characteristic mustache. 

After that, several events in Germany, including Oktoberfest in Munich, looked into banning the song, and D’Agostino replied to an inquiry from German newspaper Der Spiegel with a written statement, claiming that he had no idea what had happened.

Granted, the circumstances of virality are rarely that bad, but songs commonly end up on an “unintended side of TikTok,” as Sam Saideman, CEO/co-founder of management and digital market firm Innovo, puts it. “We try to educate our partners that sometimes you cannot control what uses of your song [are] on the internet.” While Innovo “may plan a campaign to [pay creators to] use the song in get-ready-with-me makeup videos,” he explains, another user’s totally different kind of video using the song could become far more popular than the originally planned use, pushing the campaign organically onto another part of the platform and away from its target audience. 

For example, Twitter and TikTok users twisted “Cellophane,” FKA Twigs’ heartbreaking 2019 ballad about unrequited love, into a meme beginning in early 2022. Oftentimes, videos using the song pair Twigs’ voice with creators that are acting melodramatic about things that are clearly no big deal. Even worse, one popular version of the audio replaces Twigs’ voice with Miss Piggy’s (yes, the Muppet character). 

“Digital marketers are able to boost certain narratives they support,” says Connor Lawrence, chief marketing officer of Indify, an angel investing platform that helps indie artists navigate virality. “It happens a lot — marketers boosting a narrative that is most favorable to the artist’s vision to hopefully steer it.” Saideman says he likes to keep a “reactionary budget” on hand during his song campaigns in case they need to try to course-correct a song that is headed in the wrong direction. 

But digital marketing teams can’t do much to fix another bad type of song virality: when songs blow up before the artist is ready. “I am actively hoping that my baby artist does not go viral right now,” says one manager who wished to remain anonymous to protect their client’s identity. “They need to find their sound first.” Omid Noori, president/co-founder of management company and digital marketing agency ATG Group, adds, “It’s a real challenge when someone goes viral for something when they aren’t ready to capitalize on it, or even worse, the song that took off sounds nothing like anything you want to make again.”

Ella Jane, an indie-pop artist who went viral in 2020 for making a video that explained the lyrics to her song “Nothing Else I Could Do,” says that going viral early in her artistic career had positive and negative effects. She signed a deal with Fader Label and boosted her following, but she’s also still dealing with the downsides four years later. “I’m grateful for it, but I think because my first taste of having a successful song was inextricable from TikTok, it has cast a shadow on my trajectory in some ways,” she says.

Over her next releases, Jane says she chased the algorithm, like many of her peers who experienced TikTok hits early in their careers, trying out lots of different video gimmicks to hook listeners. “It doesn’t reflect who I am as an artist now,” she says. “That feeling is addicting, and you feel like you’re withdrawing from it when your videos don’t hit. It can leave artists at a point where they’re obsessed with metrics.” This obsession has been reinforced by some record labels who use metrics as the only deciding factor in whether or not to sign a new artist.

“This is no different than hitting the lottery,” Noori says. “Imagine you get the $100 million jackpot on your first try… It makes artists feel like failures before they even really get started.” 

As artists are increasingly instructed by well-meaning members of their team to make as many TikToks as possible, some have turned to sharing teasers of unfinished songs as a form of content — which have occasionally gone viral unintentionally, despite not even being fully written and recorded. That’s what happened to songs by Good Neighbours, Leith Ross, Katie Gregson MacLeod and Lizzy McAlpine, leading many of them to rush to finish recordings so they could capitalize on their spotlight before it faded.

“People put a lot of pressure on the recorded version,” says Gregson MacLeod, whose acoustic piano version of her song “Complex” went viral before she had recorded the official master. “If it is not exactly like the sound that went viral, if you don’t sing the words in the exact same way or use the exact same key, sometimes people decide, ‘We’re not having it.’” While she says she was ultimately happy with how it all turned out, not everyone is so lucky. Within two weeks of the song’s virality, she rushed to release a “demo” version to match the rawness of her original video, as well as a produced version, earning her a combined 43 million plays on Spotify alone. 

McAlpine, however, decided to run away from her unfinished viral song. After posting a popular video of herself playing a half-written song, she told her fans in a TikTok video, “I’m not releasing that song ever because I don’t like it. It doesn’t feel genuine. It never felt genuine. I wrote it for fun. It wasn’t something I was ever going to release, or even going to finish… That is not who I am as an artist; in fact, I think I’m the opposite… I’m not concerned with overnight success. I’m not chasing that… I want to build a long-lasting career.” 

Noori says TikTok virality in particular has led to a “huge graveyard of one-hit wonders,” something that is far more common today than the bygone days of traditional, human gatekeepers. “With the algorithm, how do you even know who saw your content?” he asks. 

Still, there’s an argument to be made that perhaps, as P.T. Barnum famously said, “There’s no such thing as bad publicity.” “I’ve been thinking about that idea a lot and whether or not it is true for virality,” says Saideman. “And it’s hard to say.” 

Black ultimately reclaimed “Friday” and her music career in 2021 by getting in on the joke, turning the decade-old cult hit into a hyperpop remix, produced by Dylan Brady of 100 Gecs and featuring Big Freedia, Dorian Electra and 3Oh!3. From there, Black continued to release music as a queer avant pop artist and played an acclaimed DJ set at Coachella in 2023. Still, the original version of “Friday” is her most popular song on Spotify by a long shot, even though it was released before the streaming era began.

“The beauty and curse of these platforms, especially TikTok today,” Saideman says, “is that they are remix platforms. When you put your music on them, you are opening your music up creatively to other people using it in positive and negative ways. You can’t have one without the other.”

This story was featured in Billboard’s new music technology newsletter ‘Machine Learnings.’ Sign up to receive Machine Learnings, and Billboard’s other newsletters, for free here.

All products and services featured are independently chosen by editors. However, Billboard may receive a commission on orders placed through its retail links, and the retailer may receive certain auditable data for accounting purposes.
Your personal style goes beyond what your wear for clothes — you can also show off your unique tastes through your home decor. Before you go throwing up another music poster or expanding your vinyl record accessories, Target has gone viral for its nature-themed throw pillows, including a mushroom-shaped accent pillow that’s only $10 and perfect for eclectic tastes.

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More than one million people have viewed user @faithful.fool‘s TikTok showing off the lifestyle retailer’s June new arrivals, which included a tufted mushroom pillow. “They’re so cute I need them!” the caption for the video reads.

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Shoppers were clamoring to get their hands on the item, and as a result, Target has kept the cozy decor in stock — and just in time for Target Circle Week.

Keep reading to shop the accent pillow below.

Room Essentials Mushroom-Shaped Embroidered Throw Pillow

Add a touch of the outdoors to your home with Room Essentials’ mushroom pillow, which comes crafted with a soft tufted material combining trendiness with comfort. The embroidered design spotlights three varying shapes of mushrooms and is complete with a sewn seam edging for a more put-together look.

If one isn’t enough, Target Circle members can take advantage of a limited-time deal that gets you a second accent pillow for 50% off (that way you can complete your couch decor at an affordable price). The rest of the pillows mentioned in the viral TikTok are eligible to score the discount including the strawberry, frog and snail-shaped pillow.

Shop even more Target-exclusive accent pillows below.

Room Essentials Tufted Strawberry Accent Pillow

$5

$10

50% off

Consider this strawberry pillow the pick of your home decor — it’s that irresistible. Featuring hues of pink, red and green, it’ll be almost impossible for this fluffy accent piece to not steal attention from your other furniture. Plus, when you pair it with another decorative pillow, you’ll be able to score it for 50% off.

Room Essentials Frog-Shaped Embroidered Accent Pillow

$5

$10

50% off

Hop on the Target Circle deal to score this adorable frog pillow for a fraction of the price. It comes with a smiling embroidered face made from 100% cotton material that’ll be tempting to cuddle with everyday after work.

Room Essentials Snail-Shaped Embroidered Throw Pillow

$5

$10

50% off

Complete your outdoorsy aesthetic with a simple snail-inspired pillow that doesn’t lack style or comfiness. It’s crafted with cotton materials and a tufted exterior you’ll always want placed front and center on your throw pillow display.

You have until Saturday (July 13) to take advantage of the buy one, get one for 50% off discount, and just need to have a Target Circle membership in order to redeem the savings.

Don’t have a membership? It’s free to sign up for the basic Target Circle membership — just provide your email and you’ll immediately get access to exclusive savings. For even more benefits like free same-day delivery and an extra 30 days to return items, you can sign up for Target 360 for $99 a year or $49 annually if you have a Target Circle Card.

For more product recommendations, check out ShopBillboard‘s roundups of the best bedding deals, fashion coffee table books and mermaid tail blankets.

All products and services featured are independently chosen by editors. However, Billboard may receive a commission on orders placed through its retail links, and the retailer may receive certain auditable data for accounting purposes. With the heat wave in full swing, you might want to consider ways to protect yourself from UV rays this summer. […]

All products and services featured are independently chosen by editors. However, Billboard may receive a commission on orders placed through its retail links, and the retailer may receive certain auditable data for accounting purposes. Singer-songwriter Kacey Musgraves hopped on a TikTok-viral summer trend by wearing a denim vest when she joined fellow musician Zach Bryan […]

All products and services featured are independently chosen by editors. However, Billboard may receive a commission on orders placed through its retail links, and the retailer may receive certain auditable data for accounting purposes. Ice cream and BBQ snacks are summer staples, but now Target is allowing you to show off your love for warm-weather […]

Years before Myles Smith broke through with his anthemic single “Stargazing,” he followed his mother’s advice by focusing on his education — graduating from the University of Nottingham in 2019, launching his own company at 19 and making it profitable by 23.
“I [was] earning good money, but I [wasn’t] fulfilled within my heart,” Smith explains. “That, for me, was a moment of [realizing] that I can’t dedicate years of my life to doing something that I know I’m truly not completely invested in.” So he quit — and already, just two years later, the returns have trumped any apprehension.

As he speaks with Billboard from his Brighton home in late June, the 26-year-old singer-songwriter’s runaway hit “Stargazing” has reached a No. 41 high on the Billboard Hot 100 and No. 7 on the Hot Rock & Alternative Songs chart, earning 61.2 million official on-demand U.S. streams through June 27, according to Luminate. He has also been announced as a supporting act for select dates on Imagine Dragons’ upcoming fall tour, and will jet to Australia and New Zealand in November for his own headlining trek, which has sold out shows across Europe and North America.

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Myles Smith photographed June 19, 2024 in Brighton, U.K.

Jennifer McCord

As a kid born to a Jamaican family in Luton, England, Smith consumed a wide-ranging selection of genres: Reggae was a mainstay, but between his mother’s love for Whitney Houston’s “Million Dollar Bill” and his siblings’ indoctrination of Destiny’s Child, Ne-Yo and Justin Timberlake, he listened to plenty of R&B. His vibrant working-class neighborhood also exposed him to hip-hop and grime, but it was the music of the 2010s that truly honed his songwriting skills. He credits the heartbreaking lyricism of Adele’s 21, Ed Sheeran’s +, Bryson Tiller’s Trapsoul and Mumford & Sons’ Babel as four foundational albums.

While he crafted his sound, he began uploading unfinished song snippets to TikTok, one of which caught the attention of Extended Play Group’s Eric Parker as he was scrolling through his For You page in fall 2022. “It was a very sad song [that] hit me in a place I don’t normally get hit on TikTok,” Parker says. He promptly reached out and started managing Smith that November.

The two worked to build his following by joining his originals with evocative covers of songs that mined Gen Z’s penchant for nostalgia, including The Neighbourhood’s “Sweater Weather.” “Covers [were] an opportunity to find an audience that I thought would match with the music I would eventually create,” he explains.

With a growing online fan base by 2023, Smith was independently releasing his own singles through Ditto Music, including early tracks like the thumping “My Home” and the witty wordplay fest “Solo” (his first U.K. chart hit). Once he surpassed four million monthly listeners on Spotify, Smith and Parker agreed it was time to look for a label deal. After meeting with scores of potential partners, Smith signed with RCA U.K. last January, in partnership with the U.S. label.

“[My] incredible A&R Jaryn [Valdry] made me cry my eyes out in a meeting because she saw me for who I was,” Smith says. “[RCA’s] whole philosophy being growth over a long period rather than a flash in the pan really aligned with me.”

Myles Smith photographed June 19, 2024 in Brighton, U.K.

Jennifer McCord

Two months later, Smith dropped his debut EP, You Promised a Lifetime. “Stargazing” — written in Malibu, Calif. shortly after signing his deal — wouldn’t arrive until May. Fueled by Fireball shots, nachos and tacos, he and co-writers Peter Fenn and Jesse Fink were “eight or nine songs in,” before Smith came up with a chorus melody so arresting that it sparked an immediate search for complementary chords. Most of the song was written in 15 minutes, with verse details finalized in the following weeks. And when the rest of his team heard it, they solidified his confidence in the looming hit.

“I get back to West Hollywood at two or three in the morning, and I play the day-of demo on the speakers in the [ceiling],” he recalls. “I remember my manager waking up on the sofa like, ‘What is this?’ Everyone in the house is running and jumping around. For my team — my harshest critics, after my mum — to give me that genuine reaction, I knew I was on to something.”

They soon launched a month-long rollout for the song, culminating in its release on May 10 to coincide with the start of his next touring leg. The first snippet he posted to TikTok on April 8 doubled down on the intimacy of his guitar-backed singer-songwriter style, and each subsequent teaser featured more members of his team lip-syncing and dancing along to the track.

“Being able to draw people into the context of the song really works,” Smith says. “I’m Myles Smith, but I’ve got a team, and they’re my best friends. There’s a strange culture of everything revolving around the artist. You think I could do this without everyone around me? No way.”

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The song’s radio campaign began across the pond, but Parker mentions that RCA wanted to make a stateside push immediately. “They were very proactive, [which] was a good sign that they believed in the song as much as we did.” Their hunch was right: “Stargazing” continues to build at radio, debuting on the Adult Alternative Airplay chart dated July 6 and reaching new peaks at Alternative Airplay and Rock & Alternative Airplay.

Amid his breakthrough, Smith sees himself as someone known for his full bodies of work. “I want to be an album artist,” he stresses. “There’s only so much you can say in an EP or single.” But even more importantly, he’s focused on setting an example for how the music industry intersects with the world’s larger systems of oppression.

“I don’t want to be used as a means of saying, ‘We’ve done enough,’” he says of his success in the singer-songwriter space as a Black man. “If anything, I want to be used as a question for why aren’t there more Myleses breaking through.”

Myles Smith photographed June 19, 2024 in Brighton, U.K.

Jennifer McCord

A version of this story will appear in the July 20, 2024, issue of Billboard.

All products and services featured are independently chosen by editors. However, Billboard may receive a commission on orders placed through its retail links, and the retailer may receive certain auditable data for accounting purposes.
If you’re into TikTok, you’ve probably seen the viral ballet flat trend featuring the Reformation Bethany Ballet Flats all over your For You page. You don’t need to be a dancer to join in on the balletcore aesthetic. In fact, the balletcore aesthetic is all about capturing the essence of a ballet dancer by incorporating it into your everyday life, from clothing choices to home decor.

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Whether you’re taking a walk at the park or enjoying a night out, these comfortable and versatile flats will keep you staying cool all season long. These Reformation Bethany Ballet Flats feature a flat heel, round toe and ankle security, making you feel comfortable and secure wherever you go. Its breathable design ensures you can go sock-free with ease. With its leather upper insole, rubber sole and buckle strap, you’ll be ready to slip your feet in and take on your day.

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You can find these trendy Bethany Ballet Flats on Reformation and Anthropologie.

Reformation

Reformation Bethany Ballet Flat

You can get these Bethany Flats in myriad colors and designs on Reformation, from Black Rhinestone Mesh to Silver. This is one you’ll want in all colors to change up your look.

If you are still a bit unsure on whether or not to hop on this trend, check out the reviews. One Anthropologie customer wrote, “I’m loving the updated take on the ballet flats! The leather is soft right out of the box and needed very little time to break in. They look like they have a thin sole, but once you try them on you’ll feel padding; I can wear if for a whole shift on the sales floor and still feel supported …they look great paired with dresses, skirts, and denim…”

Another Anthropologie customer said, “I love these! I purchased the silver… have them in black as well. The leather is really nice and they go with everything!”

For more product recommendations, check out these Dr. Scholl’s Sandals, these comfortable Mega Crush Crocs for added comfort, and these celebrity-approved Uggs to achieve a relaxed look.

Last January, Olivia King sat at her dining room table and made a beat — in five minutes.  
The Rhode Island-based pop/R&B artist doesn’t play instruments or use music-production software. Instead, she created her track with Overtune, a music-making app that allows users to combine beats and samples from a wide range of instruments and other sounds, write and record vocals, and otherwise use a simple smartphone interface to make music meant to soundtrack content on platforms like TikTok, Instagram and YouTube. Overtune was developed in Iceland and launched in 2020.

Now, King’s use of the app is helping expand Overtune’s applications beyond social platforms and into more traditional releases. After using Overtune to add her own vocals to her five-minute beat, she made a video of herself performing the song snippet, then posted it to TikTok as part of a brand deal with the app. The video started racking up views; it now has more than 10 million of them.  

Capitalizing on this interest, King created an entire song based on her original minute-long TikTok. A steamy ballad called “Unfinished Business,” the two-minute, 18-second song was made entirely with Overtune beat packs and released last Friday (June 21). It marks the first release through Overtune’s new label service, which is centered on a partnership with SoundOn, the music distribution model launched by TikTok in 2022 in the U.S. and U.K.

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Building SoundOn into Overtune “fits directly into the changing music industry,” says Overtune co-founder Jason Daði Guðjónsson. “Social media platforms like TikTok are at the forefront of that kind of transformation, and I think Overtune is perfectly positioned to help artists navigate the changing landscape by providing them with the tools to create and now also share and monetize their music.” 

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SoundOn is designed to help independent, emerging artists navigate TikTok, upload music, get paid for its use, market and promote themselves on the platform, and distribute their music to outside DSPs. Through its integration into Overtune, paid users can release Overtune-produced songs via SoundOn directly in the app, which has a free tier along with a subscription service priced at $9.99 a month. (This paid option also offers other features like exclusive beat packs.)

“I’ve worked with probably every distributor under the sun, but never before with SoundOn,” says King. “I’m excited for it, because TikTok has changed the music industry.” 

Overtune’s ability to produce music tailor-made for TikTok has attracted serious interest, with the company receiving $2 million in seed funding from Whynow media (founded by Mick Jagger’s son, Gabriel Jagger), along with investments from a group that includes Guitar Hero founder Charles Huang. Its advisory board includes former Sony Music UK head Nick Gatfield. And while the use of the app to make full-length songs is relatively new, along with King’s song, Overtune was used in the creation of “Framtíðin er hérna” (“The Future is Here”), a song made for the National Broadcasting Station of Iceland’s 2023 New Year’s Eve show. 

Overtune’s founders want to make music creation ultra-simple by providing thousands of different sounds that are organized by tempo and pitch for easy matching. (Some commenters were suspicious about whether King had actually made her beat in five minutes, so she made another video in which she recreated the process to prove it.) The app currently offers assistive AI that answers user questions and is developing other AI functions that are being trained on Overtune’s proprietary beat packs. Later this year, the company will also launch a function that lets users generate loops using written prompts.  

Overtune recently added an AI function with which users can apply vocals filters that mimic the voices of artists from Snoop Dogg to Elvis, along with celebs like Morgan Freeman and fictional characters like Marge Simpson. (This function will soon be replaced by AI voices developed in-house and designed to modify individual voices, rather than replicate those of celebrities.)

“The beautiful thing about it,” Guðjónsson says of the app as it currently stands, “is that you don’t have to know anything about tech or music to be able to create songs.” 

Overtune sounds aren’t copyrighted, so users can earn royalties from the music made on the app when it’s uploaded to TikTok and DSPs like Spotify and Apple Music. But Guðjónsson says Overtune users “gravitate toward TikTok” especially, making SoundOn “a natural addition to our offerings.” 

The app also allows users to make music at TikTok’s unique pace. Artists can experiment with song snippets, then use SoundOn to put them on TikTok and test them with audiences before completing the song and releasing it on more traditional DSPs.  

Making distribution easier is also just an extension of the company’s broader mission. “Becoming a musician is not supposed to be that difficult,” Guðjónsson says. “As it is today, you have to own a lot of expensive equipment and have a big presence to be noticed by the labels, but anyone can go through our services.” 

For King, this ease is a major part of the app’s appeal.  

“As an independent artist you have to be consistent, and the best way to be consistent is to be efficient,” she says. “With Overtune I can do a full demo on the app, then distribute through SoundOn, which makes life easier as an independent artist.” 

All products and services featured are independently chosen by editors. However, Billboard may receive a commission on orders placed through its retail links, and the retailer may receive certain auditable data for accounting purposes. “Bama Rush” TikTok captivated the Internet as thousands of girls shared their “get ready with me” videos, featuring elaborate recruitment dresses […]

TikTok disclosed a letter Thursday that accused the Biden administration of engaging in “political demagoguery” during high-stakes negotiations between the government and the company as it sought to relieve concerns about its presence in the U.S.
The letter — sent to David Newman, a top official in the Justice Department’s national security division, before President Biden signed the potential TikTok ban into law — was submitted in federal court along with a legal brief supporting the company’s lawsuit against measure. TikTok’s Beijing-based parent company ByteDance is also a plaintiff in the lawsuit, which is expected to be one of the biggest legal battles in tech and internet history.

The internal documents provide details about negotiations between TikTok and the Committee on Foreign Investment in the United States, a secretive inter-agency panel that investigates corporate deals over national security concerns, between January 2021 and August 2022.

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TikTok has said those talks ultimately resulted in a 90-page draft security agreement that would have required the company to implement more robust safeguards around U.S. user data. It would have also required TikTok to put in a “kill switch” that would have allowed CFIUS to suspend the platform if it was found to be non-compliant with the agreement.

CFIUS did not immediately respond to a request for comment. The Justice Department said it is looking forward to defending the recently enacted legislation, which it says addresses “critical national security concerns in a manner that is consistent with the First Amendment and other constitutional limitations.”

“Alongside others in our intelligence community and in Congress, the Justice Department has consistently warned about the threat of autocratic nations that can weaponize technology — such as the apps and software that run on our phones – to use against us,” the statement said. “This threat is compounded when those autocratic nations require companies under their control to turn over sensitive data to the government in secret.”

The letter sent to Newman details additional meetings between TikTok and government officials since then, including a March 2023 call the company said was arranged by Paul Rosen, the U.S. Treasury’s undersecretary for investment security.

According to TikTok, Rosen told the company that “senior government officials” deemed the draft agreement to be insufficient to address the government’s national security concerns. Rosen also said a solution would have to involve a divestment by ByteDance and the migration of the social platform’s source code, or its fundamental programming, out of China.

TikTok’s lawsuit has painted divestment as a technological impossibility since the law requires all of TikTok’s millions of lines of code to be wrested from ByteDance so that there would be no “operational relationship” between the Chinese company and the new U.S. app.

After the Wall Street Journal reported in March 2023 that CFIUS had threatened ByteDance to divest TikTok or face a ban, TikTok’s attorneys held another call with senior staff from the Justice and Treasury departments where they said leaks to the media by government officials were “problematic and damaging.”

That call was followed by an in-person meeting in May 2023 between TikTok’s attorneys, technical experts and senior staff at the Treasury Department focused on data safety measures and TikTok’s source code, the company’s attorneys said. The last meeting with CFIUS occurred in September 2023.

In the letter to Newman, TikTok’s attorneys say CFIUS provides a constructive way to address the government’s concern. However, they added, the agency can only serve this purpose when the law – which imposes confidentiality – and regulations “are followed and both sides are engaged in good-faith discussions, as opposed to political subterfuge, where CFIUS negotiations are misappropriated for legislative purposes.”

The legal brief also shared details of, but does not include, a one-page document the Justice Department allegedly provided to members of Congress in March, a month before they passed the federal bill that would require the platform to be sold to an approved buyer or face a ban.

TikTok’s attorneys said the document asserted TikTok collects sensitive data without alleging the Chinese government has ever obtained such data. According to the company, the document also alleged that TikTok’s algorithm creates the potential for China to influence content on the platform without alleging the country has ever done so.