The Justice Department has launched a significant legal challenge against TikTok, accusing the popular social media platform and its parent company, ByteDance, of collecting sensitive data on US users. According to court documents filed late Friday, TikTok has harnessed the capability to gather bulk information on users based on their views on divisive social issues such as gun control, abortion, and religion.
Government lawyers detailed that TikTok and ByteDance employees have used an internal web-suite system called Lark to transfer sensitive user data between the US and China. This system allows TikTok employees to communicate directly with ByteDance engineers in Beijing and send sensitive data about US users, which is then stored on Chinese servers accessible to ByteDance employees.
The Justice Department expressed grave concerns over the potential for “covert content manipulation” by the Chinese government, warning that the algorithm used by TikTok could be manipulated to influence public opinion and exacerbate social divisions in the US. This concern is underscored by the practice of “heating,” where certain videos are promoted to receive more views, a capability that could be misused for malign purposes.
These accusations come amid growing bipartisan support for measures to ban TikTok if it does not sever ties with ByteDance. Under a law signed by President Joe Biden in April, TikTok faces a potential ban within months if it does not undergo a complex divestment process to find a new owner.
TikTok has countered the Justice Department’s accusations by emphasizing its commitment to free speech and arguing that the ban would violate the First Amendment rights of its 170 million American users. TikTok spokesperson Alex Haurek stated, “The TikTok ban would silence 170 million Americans’ voices, violating the 1st Amendment. As we’ve said before, the government has never put forth proof of its claims.”
The court documents also reveal that TikTok used tools to suppress content based on specific keywords and that policies potentially applied to users outside of China, raising further concerns about the platform’s data practices. The Justice Department is seeking to present a classified version of its brief in court to protect sensitive information.
As the legal battle continues, federal officials argue that TikTok’s Project Texas, a $1.5 billion plan to store US user data on servers managed by Oracle, is insufficient to address national security concerns. Oral arguments in this consequential case are scheduled for September, where the future of TikTok in the US will be hotly debated.
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