A federal appeals court in the US has upheld a law requiring ByteDance, the parent company of TikTok, to divest its US operations by early next year, citing national security risks. This decision follows allegations against TikTok and its parent company that have raised concerns about data security, influence operations, and user privacy. Below are the key accusations made by the US government.
FBI Director Chris Wray has raised concerns that TikTok poses a national security risk, suggesting that Chinese companies, including ByteDance, are required to share information with the Chinese government. This has led to worries about the app being used as a tool for Chinese state influence. Some members of Congress have pointed out that the Chinese government holds a “golden share” in ByteDance, which could provide it with control over TikTok. However, TikTok has denied these claims, stating that only 1% of ByteDance’s subsidiary is owned by an entity linked to the Chinese government, with no impact on its global operations.
Concerns Over TikTok’s Potential to Influence US Users
Wray has also expressed concerns that the Chinese government could use TikTok to manipulate US users or control their devices. The app’s ability to influence data collection and control recommendation algorithms could pose a threat to users, leading to fears of covert influence operations. National Security Agency Director Paul Nakasone echoed these concerns, saying that TikTok could be used to sway public opinion or suppress certain messages, raising alarms over its potential for widespread influence operations.
One of the major allegations is that, under China’s 2017 National Intelligence Law, ByteDance could be compelled to share US user data with the Chinese government. TikTok has repeatedly denied these claims, asserting that it is subject to US laws and regulations, as it is incorporated in California and Delaware. TikTok’s CEO emphasized that the company has never shared US user data with the Chinese government and would not do so in the future.
TikTok’s Potential Impact on Children’s Mental Health
In March 2022, several US states launched investigations into whether TikTok is causing harm to the physical or mental health of young people. Concerns have been raised about the app’s ability to boost user engagement, particularly among minors, potentially increasing screen time and contributing to negative impacts on their mental health. TikTok has responded by implementing measures to protect users under 18, such as limiting screen time and enhancing safety features.
TikTok’s Alleged Spying on Journalists
In December 2022, ByteDance admitted that several employees had improperly accessed the TikTok data of two journalists in an attempt to investigate leaks of company information. This raised concerns about the company’s ability to protect user privacy, especially in light of accusations that the Chinese government could influence TikTok’s internal practices. Four employees were fired as a result of the breach, and the company has promised to implement stricter security measures.
Despite TikTok’s reassurances, the US court has ruled in favor of divesting the app’s US operations. A three-judge panel emphasized that the ongoing investigations and national security concerns weigh heavily in favor of the law requiring ByteDance to sever its ties with TikTok’s US operations.
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