Earlier this month, members of Congress introduced a bill attempting to “protect the national security of the United States from the threat posed by foreign adversary controlled applications, such as TikTok…”. Despite the 170 million Americans on this app, its existence is threatened.
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There has been a rising concern from lawmakers on the continued use of TikTok due to its owner being a Chinese company, ByteDance. According to the New York Times, concerns have been raised about all user data (including location) as well as if misinformation can spread on the platform. I thought it was interesting to bring up concern specifically on TikTok for misinformation, as we learned in Gov how many other platforms have the same problem, even connecting to bias on specific news sources and narrowcasting. I guess you could argue that fewer news sources, will create a streamline, but I still believe any other social media is just as bad as TikTok. TikTok has been denying that it collects data on its users and states that 60% of ByteDance is owned by international investors anyway. However, it already has faced potential bans in many states and has been banned for 4 years already on US devices being used in the military. Our First Amendment right of free speech may be the reason to keep this app safe from the ban, especially considering how many users share news/information daily. The court agrees, saying this could be overstepping the power that states have and unless there is solid evidence of a national threat, there is not much that can be done by the government either. This is similar to what we previously have learned with the court cases and how far each Amendment right can go. For example, with Tinker v. Des Moines, the decision was that kids did have the right to express their First Amendment rights at school, and I believe it will probably be a very similar decision in this scenario. So, will a ban happen? I am not sure how likely that is, but currently, one goal (and what the Biden Administration hopes to do) is to sell TikTok to a new owner. Overall, I think the idea of TikTok being deleted altogether is pretty interesting considering how large of a platform it has become. What do you guys think, would a ban be overstepping our First Amendment right?
https://www.nytimes.com/article/tiktok-ban.html
https://www.npr.org/2024/03/13/1237501725/house-vote-tiktok-ban
13 comments:
I don't really understand how the information on Tiktok, a public website, could be used by the Chinese Communist Party to target the US. There doesn't seem to be any evidence of data breaches either. Moreover, there are so many companies used by Americans these days with Chinese parent companies such as Lenovo, Shein, and Capcut (which is also owned by ByteDance). Will every Chinese based product be banned one by one in the US? Being honest, the whole ban campaign really just feels like some paranoid witch hunt similar to the anti-communist Red Scare.
I agree with Chinyi; I also don't see how the Chinese Communist Party would use information on TikTok to target the US in general. Moreover, Congress's proposal to sell TikTok to a new owner won't fix the issue if their concerns are based on national security. To answer Katie's question, I don't think a ban would happen because it would overstep our First Amendment rights, which many Americans find to be one of their most important rights in the Constitution.
I agree with Carissa that a ban on TikTok seems pretty unlikely. I don't think a ban like this would violate First Amendment rights to freedom of speech as it would apply equally to everybody without preventing the expression of one specific opinion or belief, but a ban would set a really strange precedent on banning foreign companies, like Chinyi mentioned.
I think the entire notion that we need to ban TikTok because the Chinese Communist Party is somehow going to be able to use the information to target the U.S is almost comical. I think the fact that they are considering banning an app that brings so many communities together and has given a voice to so many who might not have had one without it would be a mistake. I realize the dangers of social media and how it can seriously damage people's mental health and self-image, but I also think it can be a good platform to learn new things or explore more cultures. I've been exposed to so much more music, and not necessarily just "current" pop music, but music that when I played it, my parents would ask me how I knew this song because it was one they grew up listening to. I actually think I've learned a lot from the app, and I realize misinformation is also a big issue but if you make active efforts to fact check things you learn, I think it can genuinly be a pretty educational app. Going back to the point of the CCP point- I agree with Chin-Yi in that this is an issue that applies to many apps not just TikTok, and this entire ban feels like it has other underlying motivations that they don't want to say out loud.
Amidst an incredibly unproductive season of Congress (I think the current Congress might be breaking the record for least productive?) it is incredible that such bipartisan support emerges for a TikTok ban of all things. Congress made a fool of itself at its hearing for TikTok (e.g., https://www.youtube.com/shorts/IhvEU-6bnrM) and the CEO answered the questions pretty well. The bill seems even more necessary when TikTok already committed to “Project Texas”, their plan to have all American user data stored on American soil by an American company.
Is it possible that the Chinese government can use TikTok as some sort of weapon in a psychological war?
Yes?? I guess so. We have already seen social media's powerful effect on the general population (such as the widespread belief in the stolen 2020 election, culminating in January 6th). That said, better privacy, data, and misinformation regulations on ALL social media platforms (Facebook, Instagram, Gab, X, etc.) would combat this. Forcing a TikTok sale only reduces competition and makes Big Tech's hold on us stronger (mostly with Instagram Reels and YouTube shorts filling the void left by TikTok).
India actually banned TikTok outright (I think), so check out the effects of that if you're curious about how an TikTokless country looks (pretty similar to the country with TikTok anyways lol).
I agree with Taylor that banning TikTok ends up setting a bit of a concerning precedent regarding foreign tech companies, though I feel like the arguments against TikTok focus a lot more on the idea of the CCP targeting US civilians (better shock value) than the idea that there’s some simpler worry over breaches of American citizen data. Last year, some documents revealed that American user data (photo, IP, device ID, home country) was posted on an internal messaging platform called Lark, which “ByteDance workers in China and elsewhere could easily see” [1]. Moreover, that the company “declined to answer questions about the involvement of China-based employees in creating and sharing TikTok user data in Lark groups” does not fill me with confidence. I think debating a ban for reasons like this seems too strong of a response, but privacy is a legitimate concern, and enforcing privacy is easier with domestically based companies. Thus, while I think banning TikTok is too drastic a decision, some of its decisions with user data don’t seem too great.
[1] https://www.nytimes.com/2023/05/24/technology/inside-how-tiktok-shares-user-data-lark.html
Although ByteDance is a private company, the CCP can probably request and obtain information pretty easily since the government can intervene in businesses more in China. With more and more Americans relying social media to stay informed, Tik Tok can hold influence over public opinion, particularly in younger generations. I do understand how this can be a risk if a rival country could potentially gain access to personal data or having a large say in the content we consume.
HOWEVER, it seems very un-American to punish somebody for something they could do in the future, but haven't done already. Banning Tik Tok could go against the "innocent until proven guilty" ideal, and since Tik Tok hasn't done anything wrong yet (to our knowledge) it seems a little bit unfair to punish them for something they haven't done yet.
I see both sides to this argument, so I don't know if I really have a solid stance one way or the other.
Since the government can intervene in business affairs more in China, I do see how the CCP can probably request and obtain information from ByteDance pretty easily. Since so many people rely on social media and Tik Tok to stay informed, it could be dangerous for a rival country to potentially gain access to personal data and have influence on the media we consume.
However, it seems a bit un-American to punish somebody for something they could do in the future, but haven't done yet. This doesn't seem to follow the innocent until proven guilty ideal, and since Tik tok hasn't done anything wrong yet (to our knowledge) it doesn't seem fair to punish them.
I see both sides of this argument and don't side strongly either way.
TikTok has an extremely large influence over a large number of Americans, and I could definitely see how TikTok could be used in malicious ways. However, I agree that due to our First Amendment Rights, it is unlikely that the government would be able to ban TikTok. Additionally, Trump already tried to ban TikTok and was unsuccessful, so chances are that TikTok won't be banned.
TikTok users create and share videos that cover a wide range of topics, from entertainment and education to political commentary. I think banning the app would curtail the ability of users to communicate and express themselves freely. The Supreme Court case Tinker v. Des Moines established that students do not "shed their constitutional rights to freedom of speech or expression at the schoolhouse gate." This case supports the idea that individuals retain their free speech rights in various settings, including digital platforms. In conclusion, while national security concerns about TikTok may be valid, a ban is an overreach of First Amendment rights. The potential for legal challenges is high, and a more balanced approach, such as an ownership change or stricter regulations, might be more effective in addressing security concerns without infringing on free speech. This situation underscores the complex interplay between security, privacy, and freedom in the digital age.
I think it's interesting that Katie brought up Tinker, but I think it's important to note that the ruling in Tinker may not be applicable to the broader public given that it happened in a school environment full of minors. I think Schenck might be a more relevant case given the role of the Espionage Act and special "wartime powers" for the executive to prevent citizens from aiding the enemy and hindering US efforts: though there isn't a war between China and the US, present tensions are definitely impactful in spurring concern over the app. And there's definitely a case for the first amendment in a potential TikTok ban, but I don't see why users couldn't switch to another short-form media app (like YouTube or Instagram).
What I find completely ridiculous about this whole situation is the blatant double standards cast on Tiktok relative to other US based companies that do exactly the same thing. I understand that user data within the US is important to keep safe, but how is what tiktok doing (a US based company) any different from virtually any other social media application? Facebook is notorious for being data hungry, and it's clear that other platforms such as twitter or youtube also take user data at similar rates to Tiktok. If Tiktok can't do it, no where else should. It seems that just because the US isn't the one collecting private information, it's all of a sudden morally unconscious.
I think the best alternative to banning TikTok would be to force ByteDance to sell the platform to the U.S. The U.S. wouldn't change the platform at all, but the big data from the platform would only be accessible in the U.S. This way, Americans can still use the platform (free speech is protected, given that the U.S. doesn't restrict further content that's not already restricted currently on the platform), and the fear of the CCP accessing important data isn't a problem.
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