tiktok

US DoJ to file lawsuit against TikTok for alleged children’s privacy violations

TikTok will be sued again by the US Department of Justice (DoJ) in a consumer protection lawsuit against ByteDance’s TikTok later this year, focusing on alleged children’s privacy violations. The incentive for the legal move comes on behalf of the Federal Trade Commission (FTC), but the DoJ will not pursue allegations that TikTok misled US consumers about data security, specifically dropping claims that the company failed to inform users that China-based employees could access their personal and financial information.

The decision suggests that the primary focus will now be on how TikTok handles children’s privacy. The FTC had referred to the DoJ a complaint against TikTok and its parent, ByteDance, concerning potential violations of children’s privacy, stating that it investigated TikTok and found evidence suggesting they may be breaking the Children’s Online Privacy Protection Act. The federal act requires apps and websites aimed at kids to get parental consent before collecting personal information from children under 13.

Simultaneously, TikTok and ByteDance are challenging a US law that aims to ban the popular short video app in the United States starting from 19 January next year.

ByteDance challenges US TikTok ban in court

ByteDance and its subsidiary company TikTok are urging a US court to overturn a law that would ban the popular app in the USA by 19 January. The new legal act, signed by President Biden in April, demands ByteDance divest TikTok’s US assets or face a ban, which the company argues is impractical on technological, commercial, and legal grounds.

ByteDance contends that the law, driven by concerns over potential Chinese access to American data, violates free speech rights and unfairly targets TikTok while ‘ignores many applications with substantial operations in China that collect large amounts of US user data, as well as the many US companies that develop software and employ engineers in China.’ They argue that the legislation represents a substantial departure from the US tradition of supporting an open internet and sets a dangerous precedent.

The US Court of Appeals for the District of Columbia will hear oral arguments on this case on 16 September, a decision that could shape the future of TikTok in the US. ByteDance claims lengthy negotiations with the US government, which ended abruptly in August 2022, proposed various measures to protect US user data, including a ‘kill switch’ for the government to suspend TikTok if necessary. Additionally, the company made public a 100-plus page draft national security agreement to protect US TikTok user data and claims it has spent more than $2 billion on the effort. However, they believe the administration prefers to shut down the app rather than finalise a feasible agreement.

The Justice Department, defending the law, asserted that it addresses national security concerns appropriately. Moreover, the case follows a similar attempt by former President Trump to ban TikTok, which was blocked by the courts in 2020. This time, the new law would prohibit app stores and internet hosting services from supporting TikTok unless ByteDance divests it.

US Justice Department to investigate TikTok over child privacy complaint

The US Federal Trade Commission (FTC) has referred a complaint against TikTok and its parent company, ByteDance, to the Justice Department over potential violations of children’s privacy. The move follows an investigation that suggested the companies might be breaking the law and deemed it in the public interest to proceed with the complaint. The following investigation stems from allegations that TikTok failed to comply with a 2019 agreement to safeguard children’s privacy.

TikTok has been discussing with the FTC for over a year to address the agency’s concerns. The company expressed disappointment over the FTC’s decision to pursue litigation rather than continue negotiations, arguing that many of the FTC’s allegations are outdated or incorrect. TikTok remains committed to resolving the issues and believes it has already addressed many concerns.

Separately, TikTok is facing scrutiny from US Congress regarding the potential misuse of data from its 170 million US users by the Chinese government, a claim TikTok denies. Additionally, TikTok is preparing to file a legal brief challenging a recent law that mandates its parent company, ByteDance, to divest TikTok’s US assets by 19 January or face a ban.

TikTok’s fate in US to be decided before election

A US appeals court has scheduled oral arguments for 16 September to address legal challenges against a new law requiring ByteDance, the China-based parent company of TikTok, to divest its US assets by 19 January or face a ban. The law, signed by President Joe Biden on 24 April, aims to eliminate Chinese ownership of TikTok due to national security concerns. TikTok, ByteDance, and a group of TikTok creators have filed lawsuits to block the law, arguing that it significantly impacts American life, with 170 million Americans using the app.

The hearing will coincide with the final weeks of the 2024 presidential election, and both parties are seeking a ruling by 6 December to allow for a potential Supreme Court review. The law also prohibits app stores like Apple and Google from offering TikTok and bars internet hosting services from supporting it unless ByteDance divests. Such a measure reflects US lawmakers’ fears that China could use TikTok to access American data or conduct espionage.

TikTok battles cyberattacks amid national security concerns

TikTok has recently thwarted a cyberattack targeting several high-profile accounts, including CNN and Paris Hilton, though Hilton’s account remained uncompromised. The company is working closely with affected users to restore access and enhance security measures to prevent future breaches.

The number of compromised accounts is minimal, according to TikTok, which is actively assisting those affected. The incident occurred as TikTok’s parent company, ByteDance, faced a legal battle against a US law that demands the app be sold or face a national ban by January.

The US government has raised national security concerns over Chinese ownership of TikTok. Still, the company maintains that it has taken significant steps to safeguard user data and privacy, asserting that it will not share American user information with the Chinese government.

TikTok fails disinformation test ahead of EU elections, study reveals

A recent study by Global Witness has revealed alarming deficiencies in TikTok’s ability to manage disinformation related to the upcoming EU elections. The investigation tested the platform’s content moderation by submitting 16 disinformation ads. TikTok approved all of these ads, which included false information about polling station closures, incorrect voting methods, and incitements to violence.

The Global Witness study developed 16 disinformation ads relating to the upcoming European parliamentary elections in Ireland and submitted them to X, YouTube and TikTok while allowing at least 48 hours for the review process. Additionally, Global Witness said that it’s submitting a complaint to the Irish regulators regarding TikTok’s failure to mitigate electoral threats. Examples of fake ads include: 

  • Incorrect voting method ‘Don’t vote in person this EU election! New reports find that ballots are being altered by election workers. Vote instead by texting 05505’
  • Incorrect voting requirements ‘New rules change ID requirement for 2024 elections. If you don’t have a valid driving licence, you can’t vote this election day’ 
  • Polling station closure ‘Following an unprecedented spike in contagious diseases, the Electoral Commission is to close all polling stations to protect staff and public health. Please vote online instead.’

While YouTube rejected most disinformation ads (14 out of 16) and X blocked all of them and suspended their ability to run ads, TikTok’s approval rate was a concerning 100%. This highlights a significant vulnerability in TikTok’s moderation process, especially given its large and youthful user base. 

Why does it matter?

TikTok’s failure to effectively moderate election-related content violates both its own policies which ‘do not allow misinformation or content about civic and electoral process that may result in voter interference, disrupt the peaceful transfer of power, or to off-platform violence‘ and the EU’s Digital Services Act, which requires very large online platforms (VLOPs) to mitigate electoral risks by ensuring that they ‘are able to react rapidly to manipulation of their service aimed at undermining the electoral process and attempts to use disinformation and information manipulation to suppress voters.’

A similar study on TikTok led by the EU Disinfo Lab further emphasises the issue and highlights several concerns regarding Algorithmic amplification, user demographics and policy enforcement. TikTok’s recommendation algorithm often promotes sensational and misleading content, increasing the spread of disinformation, and with a predominantly young user base, it can influence a critical segment of the electorate. Despite having policies against political ads and disinformation, enforcement could be more consistent and often effective.

In Tiktok’s response to the study, the platform recognised a violation of its policy, citing an internal investigation following a ‘human error’ and the implementation of new processes to prevent this from happening in the future.

Trump joins TikTok and gains three million followers in a day

Just a day after joining TikTok, Republican presidential candidate Donald Trump amassed 3 million followers on the platform he once sought to ban over national security concerns. Trump’s decision to join TikTok is seen as a strategic move to engage younger voters as he vies for the US presidency against Democratic incumbent Joe Biden in the upcoming 5 November election.

@realdonaldtrump

Launching my TikTok at @UFC 302.

♬ original sound – President Donald J Trump

Trump’s first post, a video of him greeting fans at a UFC fight in New Jersey, quickly garnered over 56 million views. Despite his past efforts to ban TikTok, Trump now plans to use the platform to communicate directly with Americans, emphasising his commitment to leveraging every available tool in his campaign.

Meanwhile, Biden’s campaign, already active on TikTok with over 340,000 followers, reflects the ongoing controversy surrounding the app. Although Biden signed a bill that could ban TikTok if its Chinese owner ByteDance doesn’t divest, ByteDance is challenging the law in court. The White House maintains that ending Chinese ownership is crucial for national security, while TikTok asserts it has implemented robust measures to protect user data.

Trump’s significant social media presence, with millions of followers on X and Truth Social, underscores his reliance on digital platforms for outreach. As legal battles over TikTok’s future unfold, the US Court of Appeals for the District of Columbia has scheduled oral arguments for September, expediting the consideration of these challenges.

TikTok aims to address US security concerns with new algorithm

TikTok is developing a separate recommendation algorithm for its 170 million US users to address concerns from American lawmakers who are pushing to ban the app. The following action, initiated by ByteDance, TikTok’s Chinese parent company, involves separating millions of lines of code to create an independent US version, potentially paving the way for divestiture of US assets.

The initiative, which predates a bill mandating TikTok’s US operations’ sale, is a response to bipartisan concerns that the app could provide Beijing with access to extensive user data. Despite ByteDance’s legal challenge to the new law, engineers continue to work on the complex and lengthy process of code separation, which is expected to take over a year.

TikTok has stated that selling its US assets is not feasible, citing commercial, technological, and legal constraints. However, the company is exploring options to demonstrate its US operations’ independence, including possibly open-sourcing parts of its algorithm. The success of this separation project could impact TikTok US’s performance, which currently relies on ByteDance’s engineering resources.

US court expedites review of TikTok sale law

A US appeals court has expedited the legal challenges to a new law requiring China-based ByteDance to divest TikTok’s US assets by 19 January or face a ban. The US Court of Appeals for the District of Columbia has scheduled oral arguments for September following a joint request from TikTok, ByteDance, a group of TikTok content creators, and the Justice Department for a swift resolution.

In May, TikTok creators and ByteDance filed lawsuits to block the law, arguing that TikTok, used by 170 million Americans, has significantly impacted American life. The appeals court has set deadlines for legal briefs from the creators, TikTok, and ByteDance by 20 June and from the Justice Department by 26 July, with reply briefs due by 15 August. TikTok aims to resolve the legal challenge quickly to avoid seeking emergency preliminary injunctive relief.

The law, signed by President Joe Biden on 24 April, mandates ByteDance to sell TikTok or face a ban, citing national security concerns over potential Chinese access to American data. It also prohibits app stores like Apple and Google from offering TikTok and bars internet hosting services from supporting it unless ByteDance divests. The measure, driven by fears of espionage, passed overwhelmingly in Congress shortly after being introduced.

TikTok, a threat or a victim of complicated cyber-diplomatic relationships?

The term ‘legal saga’ does not seem to be adequate enough as an idiom to describe what has been happening and still happens to TikTok in the social media landscape ever since it was launched, given the complexity and long-term development of legal disputes. The law to ban TikTok, signed in the USA by President Joe Biden, is the last landmark in the social network’s legal file. Not that it is the first time a social network has been banned or suspended somewhere, but it seems to be a big deal when we speak about the USA and 170 million of its citizens daily using the app.

To comprehensively understand the intricate web of sociocultural, economic, and legal issues, and their interconnectedness within this major tech company’s journey, it is essential to delve into its origins and the evolution of these legal battles from the outset.

The beginnings of TikTok’s legal controversies in the wake of the rise of AI

Data governance and concerns over privacy and security

With the explosion of social media’s commercial expansion, TikTok has found itself at the centre of numerous legal controversies. Initially, concerns were primarily focused on data privacy and security, with various governments questioning how TikTok, owned by Chinese company ByteDance, handled user data. These concerns were amplified as the cutting-edge semiconductor industry became the battleground for chip market dominance, and AI technology has evolved and integrated more deeply into digital platforms – TikTok has begun using sophisticated AI algorithms, which personalise content feeds by collecting extensive user data, leading to fears about potential misuse and data security risks.

Sociocultural impact – content policy on deepfakes, hate speech, and the elections in the digital age 

As AI technology progressed, TikTok faced additional scrutiny over its content moderation practices. The platform’s AI-driven systems for detecting and removing inappropriate content have been criticised for both overreach and underperformance. Namely, TikTok’s algorithms sometimes mistakenly censor harmless content while failing to effectively filter out harmful material, including misinformation and hate speech. Controversy cases, such as the audio deepfake impersonating US President Joe Biden have caused alarm among politicians in the year with numerous elections. Also, deepfake videos depicting fictitious members of the Le Pen family have recently surfaced online, stirring controversy as France’s far-right parties gear up for the upcoming EU elections. Consequently, these and other deepfakes have spurred legal challenges and regulatory investigations in multiple countries, pushing TikTok to enhance transparency and refine its moderation technologies.

The rise of deepfakes and AI-generated content has further complicated TikTok’s legal landscape. Researchers and lawmakers have expressed concern that AI-generated videos could be used to spread misinformation, especially during sensitive times such as elections or warfare. In response to these challenges, TikTok has implemented measures to label AI-generated content, working with technology like Adobe’s ‘Content Credentials’ to mark such media. Despite these efforts, the potential for AI misuse remains a contentious issue, prompting ongoing debates about the adequacy of TikTok’s measures and the broader implications for digital platforms.

Bans on TikTok around the world since its global rise

TikTok has faced bans and severe restrictions in several countries due to concerns over national security, privacy and data protection, and content (moderation) policy. One of the most prominent instances occurred in India, which first ordered the removal of the application from Google and Apple stores in 2019, considering it a platform that degrades culture and encourages pornography, in addition to causing paedophiles and explicit disturbing content, social stigma, and media health issues among teens. Subsequently, the country imposed a ban on TikTok in June 2020. The Indian government cited data privacy and national security concerns, arguing that the app was transmitting user data to servers outside the country. The ban came during heightened border tensions between India and China, effectively removing TikTok from one of its largest markets, and impacting millions of users and creators in the region.

The application faced bans in several other countries as well. In 2020, Pakistan temporarily banned the app, citing concerns over immoral and indecent content. The ban was lifted after TikTok assured Pakistani authorities that it would implement stricter content moderation policies. Similarly, Indonesia banned the app for a brief period in 2018 due to content deemed blasphemous and inappropriate. The ban was lifted after TikTok agreed to remove the offending content and improve its moderation practices. Recently, Kyrgyzstan also banned TikTok following security service recommendations to safeguard children. The decision came amid growing global scrutiny over the social media app’s impact on children’s mental health and data privacy.

Other bans occurred in Australia, where the government banned TikTok from all federal government-owned devices over security concerns, aligning with other ‘Five Eyes’ intelligence-sharing network members. New Zealand imposed a ban on the use of TikTok on devices with access to the parliamentary network amid cybersecurity concerns. 

Along with the listed countries that banned TikTok on government-issued devices due to security risks, Canada and Taiwan banned TikTok and some other Chinese apps on state-owned devices and launched a probe into the app in December 2022 over suspected illegal operations. Nepal, on the other side, banned TikTok in November 2023, citing disruption of social harmony and goodwill caused by the misuse of the popular video app. Somalia also banned the application in 2023 citing concerns about these platforms being used by both terrorists and immoral groups to circulate disturbing images and false information.

Electronics, Mobile Phone, Phone, Face, Head, Person, Child, Female, Girl

EU bans

More recently, in Europe, TikTok has come under regulatory scrutiny from various governments. The EU has raised concerns about data privacy and compliance with its stringent General Data Protection Regulation (GDPR). The European Commission had already banned TikTok on its corporate phones and highlighted the perceived danger of the platform concerning the GDPR. Furthermore, the European Commission president suggested that banning TikTok in the EU could be an option during a debate in Maastricht featuring parties’ lead candidates for the bloc’s 2024 election. Some EU countries have considered or implemented restrictions on the app for its addictive nature in children’s environments. Additionally, the app has faced calls for bans from political figures who argue that TikTok could be used for espionage or to influence public opinion, especially during the election periods.

The major restrictions TikTok faced in the EU occurred in France in April 2023, when the country banned TikTok from government employee devices due to data security and privacy concerns. The ban was part of a broader measure affecting several social media and gaming apps deemed inappropriate for government networks. Belgium imposed a ban on TikTok in March 2023 for government employees, citing national security and privacy concerns. The ban came as a response to potential data sharing with Chinese authorities, given TikTok’s ownership by ByteDance. In Scotland, the government removed TikTok from Scottish Parliament phones and devices due to security concerns, as well as in Belgium, where the app has been banned from federal government employees’ work phones.

Although the UK is no longer part of the EU, it is relevant to note that the country also banned TikTok from government devices due to security concerns. The restriction aligned with similar actions taken within the EU. In the same year, Austria decided to join the ‘ban group’, in prohibiting the Chinese-owned video-sharing app TikTok from being installed on government employees’ work phones. The ban was implemented as a precautionary measure against potential security risks.

TikTok and the ‘ban or divest’ legal saga in the USA

In the USA, TikTok has faced perhaps the strictest scrutiny and legal challenges in the last 5 years. During the Trump administration, an executive order was issued in August 2020 seeking to ban the app unless ByteDance sold its US operations to an American company, which is a precedent compared to the current situation. Although the ban was temporarily halted by court rulings, the Biden administration has continued to review and address concerns regarding TikTok’s data practices and its potential ties to the Chinese government. 

The proposed ban led to a flurry of legal battles and negotiations, with TikTok challenging the executive order in court and exploring potential deals with American companies such as Microsoft, Walmart, and Oracle. These negotiations, however, did not result in a definitive resolution, and the legal actions temporarily halted the enforcement of the ban. The controversy continued into the Biden administration, which has taken a more measured approach but remains concerned about TikTok’s data privacy practices and its potential ties to the Chinese government.

In April 2024, President Biden signed legislation that required ByteDance to divest TikTok or face a US ban. The enactment of the law extended the divestment timeline and aimed to address ongoing national security concerns. TikTok responded by challenging the law in court, arguing that such laws violated the freedom of speech, including the First Amendment, and that no concrete evidence had been provided to substantiate the claims against its irregularity. 

Despite TikTok’s reassurances and legal challenges, the ‘ban or divest’ dilemma persists, reflecting broader tensions between the USA and China over technology and data security. The outcome of this controversy remains uncertain as TikTok continues to navigate the complex legal landscape and regulatory scrutiny in the USA. The resolution of this issue will have significant implications for the future of TikTok in the US market and for the broader regulatory environment governing international tech companies operating in the USA.

As this legal saga unfolds, it underscores the increasing importance of digital sovereignty and data privacy in the global tech industry. The TikTok case has already set a precedent for how free speech and corporate rights are trampled to protect national security, and the ongoing saga is a testament to the intricate interplay between technology, law, and geopolitics in the modern digital age.