TikTok is a popular social media platform that allows users to create and share short videos. The app was launched in 2016 by ByteDance, a Chinese technology company headquartered in Beijing. As of 2022, TikTok has over 1 billion monthly active users worldwide and has been downloaded over 3.3 billion times on the App Store and Google Play. The app’s explosive growth, especially among teenagers and young adults in the United States, has led to increased scrutiny from U.S. regulators and lawmakers.
Data Privacy Concerns
TikTok has drawn scrutiny for the vast amounts of user data it collects. According to reports, TikTok gathers data on users’ locations, browsing and search histories, messages, contacts, and more. Critics argue that this data could potentially be accessed and used by the Chinese government.[1]
Specifically, TikTok has been found to access users’ clipboards frequently, collecting any text, images, or other data stored there without notifying users. This behavior enables TikTok to gather large quantities of personal data without consent.[2] Some experts estimate TikTok collects over 800 pages of personal data on its users.[3]
Many lawmakers and policy experts view TikTok’s data collection practices as a threat to national security and an invasion of privacy. There are concerns China could exploit private user data for intelligence or influence operations.
Sources:
[1] https://www.politicsatnyu.org/editorial/zeitgeist/2019/11/tiktok-threatens-us-national-security/
[3] https://econsultancy.com/how-the-growing-threat-of-digital-protectionism-could-affect-marketers/
Ties to China
TikTok is owned by the Chinese company ByteDance, which has sparked concerns that the app could be used to collect data on American citizens and censor content, as many Chinese companies are required to cooperate with the Chinese Communist Party. The 2017 National Intelligence Law in China states that Chinese companies and citizens are required to “support, cooperate with, and collaborate in national intelligence work.”
TikTok headquarters is based in Los Angeles, but ByteDance is based in Beijing. TikTok data is stored on servers in Virginia with a backup in Singapore, but there are concerns that the Chinese parent company could access user data if needed (ByteDance, Oracle at loggerheads over terms of TikTok agreement).
In 2020, Former President Trump cited TikTok’s ties to China as a national security concern and threatened to ban the app if it was not sold to an American company. This ultimately led to ByteDance forming a partnership with Oracle and Walmart to try to address data privacy concerns, though the deal still has not been finalized (How is Congress handling the TikTok conundrum?).
National Security Risks
TikTok has faced concerns over its potential to be used as a tool for espionage, censorship, or propaganda by the Chinese government (https://chicagopolicyreview.org/2023/07/26/is-tiktok-a-national-security-threat/). TikTok is owned by ByteDance, a Chinese company that must comply with China’s national security laws. There are fears that TikTok could be compelled to provide user data to the Chinese government or censor content that is critical of China. Some experts warn that TikTok’s algorithm could also be used to promote pro-China narratives or influence public opinion in the US. According to a Pew Research survey, 59% of Americans believe TikTok poses a threat to national security (https://www.pewresearch.org/short-reads/2023/07/10/majority-of-americans-say-tiktok-is-a-threat-to-national-security/). The potential for TikTok to be exploited by the Chinese government to advance its interests has raised bipartisan alarm bells in Washington.
Calls for Investigation
In recent years, TikTok has faced increasing scrutiny from US lawmakers and officials who have called for investigations into the app over concerns about data privacy and ties to China.
In October 2019, Senators Chuck Schumer and Tom Cotton requested the acting Director of National Intelligence look into the national security risks associated with TikTok and other China-owned platforms. They called TikTok “a potential counterintelligence threat we cannot ignore” (Source).
In June 2020, Secretary of State Mike Pompeo said the Trump administration was “certainly looking at” banning TikTok over privacy concerns. Around the same time, the Pentagon advised military personnel to delete TikTok due to security concerns.
In November 2021, a group of Republican Senators called on the Federal Trade Commission to investigate whether TikTok violated consumer protection laws and protections for children online. They cited concerns around data collection practices and algorithmic promotion of harmful content.
Most recently in December 2022, Congress voted to ban TikTok from most US government devices as part of a sweeping government funding package. The provision cites TikTok’s “inherent risks” associated with data privacy and security.
Scope of FBI Investigation
The FBI is investigating several aspects related to TikTok and potential national security risks. According to Reuters, the U.S. government launched a national security review in 2019 focused on TikTok owner ByteDance and its acquisition of Musical.ly, examining the merged entity from a counterintelligence perspective.
More recently, in 2022 the FBI began looking into an incident where TikTok admitted that employees in China accessed data from U.S. TikTok users. As reported by Forbes, this access was gained without the knowledge of the company’s security team and was a violation of company protocols. The FBI is concerned about what specific user data was accessed, whether it was misused, and if it presents any risks.
Congressional leaders have also raised concerns around potential ties between TikTok’s parent company ByteDance and the Chinese government, and whether U.S. user data could be compromised and used for surveillance or espionage purposes. The FBI aims to determine the extent of any unauthorized data access, the parties responsible, and if there are any indications of foreign influence over TikTok that pose national security risks.
Prior Investigations
The U.S. government has conducted various investigations into TikTok’s data collection and privacy practices over the past few years. In 2019, the Committee on Foreign Investment in the United States (CFIUS) launched a national security review into ByteDance’s acquisition of Musical.ly, which eventually led to the creation of TikTok as we know it today. CFIUS expressed concerns that data from TikTok could be accessed and manipulated by the Chinese government (1).
In 2021, TikTok settled a Federal Trade Commission investigation that found the company had illegally collected personal information from children under the age of 13 without parental consent. TikTok was fined $5.7 million for violating the Children’s Online Privacy Protection Act (2).
These prior investigations laid the groundwork for increased scrutiny of TikTok’s data practices by U.S. authorities. The Justice Department’s current investigation builds on long-standing concerns that the Chinese government could potentially access sensitive user data through ByteDance’s ownership of the app.
(1) https://www.cnbc.com/2019/11/01/us-to-investigate-tiktok-over-national-security-concerns-sources-say.html
(2) https://techcrunch.com/2021/02/25/tiktok-agrees-to-5-7-million-settlement-over-alleged-violations-of-childrens-privacy-law/
TikTok’s Response
TikTok has responded to the investigations and concerns by emphasizing its commitment to user safety and data privacy. In a statement, TikTok said “We care deeply about building an experience that helps to protect user privacy and provides a safe place for self expression” (https://www.fox5atlanta.com/news/states-launch-tiktok-investigation-to-probe-kids-mental-health-on-social-media-platform).
TikTok highlights that it stores American user data in the US with backups in Singapore. It has also claimed that employees based in China do not have access to American user data (https://www.fox9.com/news/minnesota-ag-joins-national-probe-into-tiktok-impact-on-kids). The company says it is seeking to cooperate fully with government investigations and continually improving its practices around data privacy and security.
TikTok has introduced a number of parental controls and restrictions to increase safety for younger users. This includes limiting screen time, restricting messaging, and restricting content. The platform emphasizes its moderation efforts to maintain a safe community.
Potential Outcomes
The investigation into TikTok could lead to a variety of potential outcomes. TikTok may be required to pay fines or change its data privacy practices as a result of the investigation. There is also a possibility that TikTok could be banned or restricted in the United States if found to pose a national security threat. The investigation could pressure TikTok to make its algorithm more transparent and give users more control over the content they see.
Some lawmakers have called for TikTok to be banned outright in the U.S., arguing it should be treated similarly to Chinese tech companies Huawei and ZTE, which have essentially been blacklisted in the country. However, an outright ban may be unlikely given TikTok’s popularity. More feasible potential outcomes could include TikTok being required to store U.S. user data domestically rather than in Singapore, or being forced to sell or spin off its U.S. operations.
The investigation may not result in significant changes to TikTok. Much will depend on what specifically the probe uncovers in terms of national security risks and impacts on children. However, the investigation itself ramps up pressure on TikTok and puts them on notice that U.S. regulators will be scrutinizing the app’s practices closely.
Conclusions
In summary, the FBI investigation into TikTok stems primarily from concerns over data privacy and national security risks due to the app’s ties to China. The scope of the investigation includes looking into allegations that ByteDance employees improperly accessed data on U.S. users to track the locations of journalists (1). There are also broader concerns that the Chinese government could leverage TikTok’s data on U.S. citizens for intelligence purposes.
Prior bans and threats of bans against TikTok at the state and federal level highlight the heightened scrutiny it faces. While TikTok has repeatedly claimed that U.S. user data is secure and not accessed from China, these assurances have not satisfied U.S. authorities. The outcome of the FBI and DOJ investigation remains to be seen. If violations are uncovered, it could lead to fines, an enforced sale of TikTok, or even an outright ban of the app in the U.S. At minimum, the investigation exemplifies the mounting pressure for TikTok to convince regulators and the public that it can safeguard user data and operate free from Beijing’s influence.
Going forward, the controversy underscores the broader debate over data privacy and the role of social media platforms, especially those with foreign ties, in society. It has prompted further examination of potential security risks and whether sufficient legal protections are in place. How the TikTok saga ultimately unfolds could set new precedents in regulating social media companies, particularly Chinese tech firms aiming to operate in Western markets.
