A new bipartisan Senate proposal aimed in part at curbing Americans’ access to
The federal legislation, introduced Tuesday by Sens. Mark Warner (D-Va.) and John Thune (R-S.D.), would empower the US government to ban or force the sale of foreign-owned technologies, applications, software or e-commerce platforms that are deemed a threat to national security. It echoes a series of earlier local, state, and federal government restrictions on use of the app.
TikTok exploded in popularity during the Covid-19 pandemic thanks to its short-form video content and fine-tuned algorithm. But with more than 1.5 billion users worldwide, widespread adoption inspired increased scrutiny of the app’s data practices that has expanded beyond the US, with the European Union and Canadian governments recently enacting similar bans focused on government-issued devices.”
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1. Who is banning TikTok?
Concerns about TikTok were first brought to the national stage by former President
TikTok worries transcend any seeming “red” and “blue” divide. Republican governors have issued executive orders imposing many of the state-level restrictions on TikTok’s use, but states with Democratic governors—including Kansas and New Jersey—have also banned the app. A handful of local lawmakers in major cities such as Denver and Baltimore have introduced their own bills to ban the app.
More than 12 higher education systems, including the University of Georgia and University of Texas at Austin, have blocked the app from campus networks or from devices owned by the schools.
Federal lawmakers are currently considering legislation that would ban TikTok from all US devices, a tactic that has raised freedom of speech concerns. An outright ban on the app could infringe on activity on the platform that’s protected by the First Amendment, the American Enterprise Institute has said.
2. What concerns are driving the ban?
Advocates of banning TikTok have primarily expressed concerns about cybersecurity risks and an adverse US relationship with the Chinese government. The app is owned by Beijing-based ByteDance Ltd., which has raised questions about the Chinese’s government’s ability to access to user data, including that of Americans. In December 2022, ByteDance disclosed that four of its employees had improperly accessed the information of some Americans’ accounts.
Lawmakers also have raised fears that TikTok’s algorithm, which decides what content users see, could be manipulated in an attempt to spread disinformation or influence public sentiment in the US about certain issues.
Some states have explicitly removed the app from devices at agencies that deal with government payroll information and other sensitive financial data, though most of bans apply statewide.
3. What is TikTok’s response?
The company has called the bans misguided and is making an effort to persuade government officials to change course.
“We’re disappointed that so many states are jumping on the political bandwagon to enact policies that will do nothing to advance cybersecurity in their states and are based on unfounded falsehoods about TikTok,” Jamal Brown, a TikTok spokesperson, told Bloomberg Law previously.
TikTok opened a transparency center at its Los Angeles headquarters, which lets visitors see how its content moderation, algorithms, and other tools work. Its plan to ease US security concerns includes partnering with
As bills banning TikTok gain momentum, ByteDance has ramped up its efforts to lobby the federal government, spending a total of $5.3 million in 2022, according to the nonprofit OpenSecrets.
The company appears to be increasing its presence in a few states . ITikTok spent at least $259,000 on lobbying in California over the past two years, whereas no activity seems to exist in state lobbying records in prior years. In New York, TikTok spent at least $147,000 on lobbying over the same period.
4. Is TikTok facing legal action?
Indiana is the only state to sue the app so far, though TikTok is facing several lawsuits from consumers who claim the app’s tracking techniques invaded their privacy.
Indiana’s attorney general filed two complaints against TikTok in December 2022, citing child safety and data privacy concerns. The lawsuits accuse the app of misleading consumers about how protected US user data is from Chinese government access, and about the app’s appropriateness for young kids.
5. How is TikTok access blocked?
Most of the bans so far are directed at government-owned equipment, such as cell phones and computers, and are enforced primarily by federal and state agencies.
At the federal level, the White House Office of Management and Budget issued standards in late February directing agencies to identify and remove the app from government devices within 30 days. Any exceptions must be granted by an agency head or other authority and must come with specific documentation.
To ensure government employees are not downloading or using TikTok, some states like Texas have directed agencies to “identify, track and control” state-owned devices and enable remote removal of any prohibited apps. Multiple universities have blocked the TikTok domain on school WiFi networks using firewalls and network-based restrictions, which could offer a model for implementation elsewhere.
Access to TikTok on mobile app stores could be limited, too. While personal devices are still able to access TikTok, those devices would not be allowed to conduct government-related business or access government information.
Punishments for violating the policy vary from state to state. In North Carolina, for instance, an employee could lose their job over it.
6. Could this lead to other apps being banned?
Some of the state bills and executive orders focused on banning TikTok already mention other apps deemed “high-risk.” It’s possible that bans will expand to include more apps or services that are associated with US adversaries.
For instance, Ohio’s executive order also banned use of Chinese-owned apps such as Weibo and WeChat on government devices. New Jersey also prohibited Russian anti-virus provider Kaspersky Lab Inc.
Instead of listing specific apps, a bill in California would simply apply a ban to apps owned or controlled by “a country of concern.”
Read more:
White House Endorses TikTok Bill, Calls for Swift Passage (2)
US TikTok Ban Advances in House After Flurry of China Bills
Canada Joins US, EU in Banning TikTok From Government Phones (1)
TikTok Bans at Major Colleges Are Infuriating the Students
Work Phones Make a Comeback as Offices Ban WhatsApp, TikTok (1)
Does TikTok ‘Wiretap’ Users? Mounting Privacy Suits Press Claim
TikTok Hawks in Congress Weigh Options to Restrict App From US
ByteDance Staffers Inappropriately Accessed TikTok User Data (1)
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