TikTok to Court: Are we Being Spied on?

TikTok is an app that debuted in 2016, and quickly became one of the most popular social media platforms worldwide. The app that has accumulated over 2.05 billion daily users (According to DemandSage) https://www.demandsage.com/tiktok-user-statistics/ across the globe has been making new headlines, but for all of the wrong reasons. Behind all of the viral trends, dance videos, and influencer challenges, the app has been caught in a high-stakes legal case that involves all user privacy. While our privacy is very important, there is still a bigger picture in this court case. This case may define national security, shift the control of loads of data online, and set a new precedent on how social media platforms may advertise to the public.

User-Friendly App, or a Security Breach?

TikTok is owned by the Chinese company ByteDance, which is the first red flag. Chinese security laws are much different than the United States, and this raised the USA’s eyebrow when it came to the rights of user information. In China, the user data is to be turned into the Chinese government as they watch their countries’ residents much closer than the United States does. In a CNN article written by Brian Fung, he claimed that a ByteDance employee used backdoor information. https://www.cnn.com/2023/06/08/tech/tiktok-data-china/index.html “In a court filing this week, the former employee of ByteDance, Yintao Yu, alleged that the CCP spied on pro-democracy protesters in Hong Kong in 2018 by using “backdoor” access to TikTok to identify and monitor the activists’ locations and communications.” This breaks multiple security laws in the United States and EU, and it was scary enough for the US to take ByteDance/TikTok to court.” (Fung, 4)

Current Legal Arguments

LPEPojecthis case had been filed some time ago but is again making headlines due to major strides being made by both ends to resolve the case. ByteDance’s main argument is the fact that TikTok poses freedom of speech on an international stage. Taking the App away from people may cause concern and confliction with the US’s constitutional rights, as well as the credibility of other social media platforms. However, the United States and the court did not feel this way, explained by University of Chicago Law School Student Genevieve Lakier. https://lpeproject.org/blog/the-tiktok-ban-and-the-limits-of-the-first-amendment/ “That the Court applied intermediate scrutiny to a law that was not only motivated but affirmatively justified by lawmakers’ concern with the mix of content displayed on TikTok—as well as by concerns with Americans’ data privacy—is deeply problematic.” (Lakier, 2) The United States argued that it would not follow the first amendment if the app was a threat to the general public. (In this case, a security threat.)

Global Business Precedent

As stated before, this will not only change the lives of American citizens by removing/ editing their censorship, but also the precedent in global economics and how international tech companies will be allowed to operate in the United States in the future. Since the invention of social media, it has yet to be settled where to draw the line between security and freedom of speech. This case will be drawing that line, and setting an example for all other companies that wish to operate in this manner. This will effect global advertisement, international revenue, and domestic advertisements within the USA.

Conclusion: A Case Bigger than Cookies

While TikTok is still up and running, our personal privacy still remains unknown, and when we except the cookies when signing up for the app, they may still be seen by the Chinese government in the future. While these accusations were denied, the United States still called a settlement that involved TikTok being sold to non Chinese owners. While ByteDance did not confirm or deny this action, selling such a large company is easier said than done. While they may be looking for a new suitor, they will still have a hard time finding developers who will protect the company while still maintaining the integrity of the app.

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