TikTok is a short-form video app that has seen a meteoric rise in popularity since launching internationally in 2018. Within just a few years, TikTok became one of the most downloaded apps globally, with over 1 billion monthly active users as of 2021 (source 1, source 2). The app’s viral dances, challenges, and irreverent content quickly resonated with Gen Z users.
However, TikTok’s Chinese ownership has raised concerns in the US government that the app poses national security risks. TikTok is owned by ByteDance, a Beijing-based tech company. US officials fear that TikTok’s data collection and algorithm could be manipulated by the Chinese government for surveillance, propaganda, and other purposes. There are also worries that China could censor content on TikTok that is critical of the Chinese government. As a result, some US policymakers have pushed for TikTok to be banned or sold to a US company, seeing it as a potential Trojan horse for Chinese espionage and control.
TikTok’s Ties to China
TikTok is owned by the Chinese technology company ByteDance. TikTok’s headquarters are located in Culver City, California, but ByteDance is headquartered in Beijing [1]. There have been long-standing concerns that the Chinese government could access user data from TikTok due to these ties [2].
Specifically, critics argue that under China’s national intelligence laws, companies like ByteDance could be forced to share user data with the government upon request [3]. While TikTok has claimed that U.S. user data is stored outside of China, questions remain about whether the Chinese government could still potentially access it.
Data Privacy Concerns
TikTok has faced scrutiny over its data collection practices and privacy protections, particularly around how much access it allows the Chinese government to U.S. user data. TikTok is owned by Beijing-based ByteDance, leading to fears that American user data could be obtained by Chinese authorities. According to TikTok’s privacy policy, the app collects a range of user data including location, browsing history, phone contacts, and personal information posted in profiles.
In 2019, the app paid $5.7 million to settle Federal Trade Commission allegations that it illegally collected personal information from minors. According to the FTC, TikTok failed to obtain parental consent before collecting names, email addresses, and other data from users under age 13 as required by the Children’s Online Privacy Protection Act.
TikTok has also faced accusations of censorship on behalf of the Chinese government, including removing videos that mention politically sensitive topics such as Tiananmen Square or Tibetan independence. According to a September 2022 report in Forbes, internal documents revealed moderation policies that limited the reach of videos from vulnerable groups in order to suppress content that could anger authorities in Beijing.
National Security Risk
TikTok’s ties to China and ability to spread misinformation have raised concerns that the app poses a threat to national security in the United States. According to Pew Research, about 60% of Americans see TikTok as a major or minor threat to national security. U.S. officials worry that the Chinese government could potentially access American user data or manipulate TikTok’s algorithms to push propaganda or censor content.
TikTok collects large amounts of user data, including browsing history, location, and device information. John F. Plumb, assistant secretary of defense for space policy, stated TikTok is a “potential threat vector” allowing China access to this data, compromising U.S. national security. There are concerns China could track government employees, build dossiers on citizens, or conduct corporate espionage.
Additionally, TikTok’s algorithms determine the content shown to users. This gives the platform significant power to shape narratives and influence public opinion. U.S. officials fear the Chinese government could manipulate these algorithms to promote pro-China content or anti-U.S. messaging. Overall, TikTok’s ties to China and its data access raise fears it can be a tool for Chinese spying, propaganda, and ideological control.
India Bans TikTok over Security Concerns
In June 2020, the Indian government banned TikTok along with 58 other China-linked apps, citing concerns that these apps were “engaged in activities which are prejudicial to the sovereignty and integrity of India, defence of India, the security of the state and public order” (Source).
This move came amid escalating tensions between India and China following a border clash in the Himalayas that left 20 Indian soldiers dead. There were growing concerns in India that TikTok and other Chinese apps could be used to siphon user data or spread pro-China propaganda.
At the time, TikTok had over 200 million monthly active users in India, making it the app’s largest market. The ban put increased pressure on the U.S. to follow suit over similar data privacy and national security fears related to TikTok’s Chinese ownership.
Attempted US Sale
In August 2020, Microsoft and Oracle both entered bids to acquire TikTok’s operations in the US, Canada, Australia and New Zealand in an effort to address the Trump administration’s national security concerns. According to Reuters, Microsoft CEO Satya Nadella offered to buy TikTok’s entire global business, but the deal ultimately stalled over China’s export rules.
China introduced new restrictions on the export of artificial intelligence technologies, which meant ByteDance would have to obtain a license before it could sell TikTok’s algorithm. Ultimately, the sale did not go through as no final offer was made.
Trump Issues Executive Orders
In August 2020, then-President Donald Trump issued two executive orders targeting TikTok over national security concerns. The first order prohibited any U.S. person or company from transacting with ByteDance, TikTok’s parent company based in China, or its subsidiaries after 45 days.1 The second order gave ByteDance 90 days to divest TikTok’s U.S. operations and any data TikTok had obtained about U.S. users.
The executive orders cited concerns that the Chinese government could access TikTok user data or use the app to influence public opinion in the U.S. TikTok was given the option to avoid a ban if it sold its U.S. operations to an American company. However, TikTok challenged the executive orders in court, arguing the administration had violated its constitutional right to due process.
TikTok Lawsuits
In August 2020, President Trump issued executive orders that would ban TikTok from operating in the U.S. if it was not sold to an American company by September 20. TikTok responded by suing the Trump administration, claiming the ban was unconstitutional.
Specifically, TikTok filed a lawsuit in federal court arguing that Trump’s executive order was unconstitutional because it did not give the company a chance to respond (due process). TikTok claimed the ban was politically motivated and not based on any real national security concerns.
In its lawsuit, TikTok argued that it “is not an unusual or unreasonable threat to national security” and that the Trump administration was just using that as an excuse to ban the app. TikTok asserted the ban was unconstitutional because it violated free speech protections and due process rights.
In September 2020, a federal judge temporarily blocked the TikTok ban from going into effect, ruling that a ban would likely be unconstitutional. The judge said the “government likely exceeded authority” and violated TikTok’s due process rights (https://casetext.com/case/tiktok-inc-v-trump-1). This ruling protected TikTok from being banned or sold in the U.S., at least temporarily while the legal challenges proceeded.
Biden Administration Review
The Biden administration has been reviewing the national security risks posed by TikTok, though it remains unclear if an outright ban will move forward. In June 2021, President Biden revoked Trump’s executive orders targeting TikTok and called for a comprehensive review of apps linked to foreign adversaries, including China. According to Politico, Biden ordered the Commerce Department to oversee an “evidence-based” analysis of TikTok and advise on how to address risks. This review is still ongoing.
While Biden has taken a less aggressive stance than Trump so far, members of Congress from both parties have continued pushing for TikTok restrictions or an outright ban. In December 2022, the House voted to bar TikTok from most U.S. government devices. According to NPR, Biden administration officials warned ByteDance in March 2023 that they had to sell TikTok’s U.S. operations or face a countrywide ban. However, the administration has not issued any official ban as of yet. It remains to be seen whether Biden will follow through with harsher TikTok restrictions amid ongoing national security concerns.
Conclusion
The saga over whether the US will ban TikTok continues to unfold. While former President Trump took aggressive steps to try to force a sale or outright ban of the app, litigation and pushback from TikTok stalled any immediate action. President Biden has launched a broader review of apps tied to foreign adversaries, including China, but the outcome remains uncertain.
If the US does move forward with some sort of TikTok ban, it could set a precedent for blocking other apps and services operated by or tied to the Chinese government. However, an outright ban could face legal challenges and pushback on free speech grounds. More likely may be requiring TikTok to implement certain data security practices and isolating US user data under a US-based subsidiary.
Ultimately, the TikTok saga highlights the tensions between an open internet, national security concerns, and competition with China’s tech sector. As China continues to expand its digital reach and influence, these issues around technology, data, and control will likely only intensify.
