In a significant move against one of the world’s most popular technology companies, the Justice Department late Friday accused TikTok of harnessing the capability to gather bulk information on users based on their views on divisive social issues like gun control, abortion, and religion. Government lawyers filed a brief to the federal appeals court in Washington, stating that TikTok and its Beijing-based parent company, ByteDance, used an internal web-suite system called Lark to enable direct communication between TikTok employees and ByteDance engineers in China.
Sensitive Data Transfer and Manipulation Concerns
According to federal officials, TikTok employees used Lark to send sensitive data about US users, which ended up being stored on Chinese servers and accessed by ByteDance employees in China. The filing notes that one of Lark’s internal search tools allows ByteDance and TikTok employees in both the US and China to gather information on users’ content or expressions, including views on sensitive topics. This capability has raised concerns about potential covert content manipulation by the Chinese government, with officials warning that the algorithm could be designed to influence public opinion and exacerbate social divisions in the US.
Calls for TikTok Ban and First Amendment Debate
Under a law signed by President Joe Biden in April, TikTok could face a ban in a few months if it doesn’t sever ties with ByteDance. This measure, passed with bipartisan support, reflects concerns that Chinese authorities could force ByteDance to hand over US user data or manipulate the algorithm to further Beijing’s interests. In response, TikTok spokesperson Alex Haurek stated that the ban would violate the First Amendment by silencing 170 million Americans’ voices and argued that the government has not provided proof of its claims.
Project Texas and National Security Measures
The government brief also challenges TikTok’s $1.5 billion mitigation plan, known as Project Texas, which aims to store US user data on servers owned and maintained by Oracle. Officials argue that this plan is insufficient to address national security concerns, citing data transfers through Lark as evidence. Additionally, the Justice Department noted that another tool suppressed content based on certain keywords, and TikTok is currently investigating whether these policies were applied to US users.
As the legal battle continues, the Justice Department maintains that TikTok has not raised any valid free speech claims and emphasizes that the law addresses national security concerns without targeting protected speech. The department also underscores that China and ByteDance, as foreign entities, are not protected by the First Amendment, countering TikTok’s arguments about viewpoint discrimination and potential anti-Israel bias on the platform.
