The Battle Over TikTok

You’re happily scrolling through your TikTok feed. As usual, it’s an entertaining mix of content. A clip of a hamster making a funny face is followed by one of a chef pouring hot sauce on ice cream. Yum? Then a video pops up of your friend nailing a 360-degree skateboard flip. “Epic!” you comment, adding a fire emoji.

Time flies when you’re on TikTok. But soon you may not be able to spend any time on the popular video app—at least not in the United States.

You are happily scrolling through your TikTok feed. It is always a fun mix of content. You see a clip of a hamster making a funny face. Then you see a chef pouring hot sauce on ice cream. Yum? Another video pops up. Your friend is nailing a 360-degree skateboard flip. “Epic!” you comment. You add a fire emoji.

Time flies when you are on TikTok. But soon you may not be able to use this popular video app in the United States.

This past April, the U.S. government passed a law that will ban TikTok nationwide unless the app is sold to a buyer that the government approves of. If TikTok is not sold, the ban could take effect as early as January.

Why? TikTok is the country’s fastest-growing social media app, with 170 million American users. But it’s owned by a Chinese company, and some U.S. lawmakers fear the Chinese government could spy on Americans through TikTok—or use it to spread false information. Both, they say, would put the safety of the U.S. and its people at risk.

So far, TikTok isn’t backing down. TikTok and its owner—a tech company called ByteDance—have sued the U.S. government. They argue that banning TikTok violates the First Amendment to the U.S. Constitution. That amendment guarantees the right to free speech. 

Experts say the battle could go all the way to the U.S. Supreme Court. Will TikTok end up being deleted? 

The U.S. government passed a law about TikTok. That happened this past April. The law says the app must be sold to a buyer approved by the government. If not, TikTok could be banned as early as January.

Why? TikTok is the country’s fastest-growing social media app. It has 170 million American users. But it is owned by a Chinese company. Some U.S. lawmakers are afraid of how the Chinese government could use it. It could be used to spy on Americans or to spread false information. Both would put the safety of the U.S. and its people at risk, lawmakers say.

TikTok is owned by a tech company called ByteDance. So far, TikTok and ByteDance are not backing down. They have sued the U.S. government. They argue that banning TikTok violates the First Amendment to the U.S. Constitution. The First Amendment guarantees the right to free speech.

Experts say the battle could go all the way to the U.S. Supreme Court. Will TikTok end up being deleted?

TikTok’s mission is to “inspire creativity and bring joy.” The app connects 1 billion people around the world, giving them a way to share and view short videos. Scrolling through, you can explore everything from national news to the latest dance craze. 

But while you watch videos, TikTok collects your personal information. Like other social media apps, TikTok tracks what users search for, share, like, and much more. (If you’re under 13, tech companies can’t legally collect or share that information without your parent’s or guardian’s permission.) 

TikTok, Meta, and other tech companies use the data to improve their products. For instance, it helps them suggest content you’ll like. But these companies also sell the personal information they collect. Outside businesses want it for their own reasons, such as to create personalized ads. Did you ever look at jeans online and then see ads for those jeans for months afterward? Now you know why.

What sets TikTok apart from other social media apps is its connection to China. China is run by the Chinese Communist Party. In a Communist system, the government controls many parts of people’s lives. It severely limits their personal freedoms and owns most land and businesses. As a result, Chinese officials can demand access to the data of any person or company based in China. That means ByteDance might have to show the Chinese government your private messages, who your friends and family are, and even your location at any moment.

Many U.S. lawmakers say it is important to keep Americans’ data out of the Chinese government’s hands. That’s because the U.S. and China have a complicated history (see “The U.S. and China: Past and Present,” below). Having access to detailed information about 170 million Americans could be a powerful weapon for China, some lawmakers argue.

TikTok’s mission is to “inspire creativity and bring joy.” The app connects 1 billion people around the world. It gives them a way to share and view short videos. You can explore everything from national news to the latest dance craze.

But while you watch videos, TikTok collects your personal information. Other social media apps do this too. TikTok tracks what users search for, share, like, and much more. (If you are under 13, tech companies cannot legally collect or share that information without your parent’s or guardian’s permission.)

TikTok, Meta, and other tech companies use the data to improve their products. For example, the data helps them suggest content you will like. But the companies also sell the personal information they collect. Outside businesses want it for their own use. For example, they use it to create personalized ads. Did you ever look at jeans online, then start seeing ads for those jeans? Now you know why.

What sets TikTok apart from other social media apps? Its connection to China. China is run by the Chinese Communist Party. In a Communist system, the government controls many parts of people’s lives. It strictly limits personal freedoms. It also owns most land and businesses. So Chinese officials can demand access to the data of any person or company based in China. This means ByteDance might have to show the Chinese government your private messages. It might have to share your friends and family or your location at a given moment.

Many U.S. lawmakers say it is important to keep Americans’ data out of the hands of the Chinese government. That is because the U.S. and China have a complicated history (see “The U.S. and China: Past and Present,” below). What happens if the Chinese government has access to detailed information about 170 million Americans? That could be a powerful weapon for China, some lawmakers say.

It might sound like a Hollywood thriller, but Chinese espionage is real, says James Lewis. He is an expert on cybersecurity at the Center for Strategic and International Studies in Washington, D.C. 

“China uses its technology to spy on people,” says Lewis. “And you might say, ‘I’m only a kid, why would they spy on me?’ We don’t know, but they do.”

It might sound like a Hollywood thriller. But Chinese espionage is real, says James Lewis. He is an expert on cybersecurity. He works for the Center for Strategic and International Studies in Washington, D.C.

“China uses its technology to spy on people,” says Lewis. “And you might say, ‘I’m only a kid, why would they spy on me?’ We don’t know, but they do.”

Many U.S. lawmakers say China could also use TikTok to spread propaganda—information that is circulated to try to make people think a certain way. It could promote false statements or highlight certain stories over others. Before a U.S. election, for example, TikTok could flood users’ feeds with positive videos about a candidate who has pro-China policies. 

Cybersecurity experts point to the 2016 U.S. presidential election as an example. Before people voted, a political company took private data from 50 million Facebook users without their permission. It used details about their friend networks, “likes,” and political views to create personalized ads. The company’s goal was to influence how those Facebook users would vote.

Such security fears have already led the U.S.—as well as Australia, Canada, and several European countries—to ban TikTok from government employees’ work phones and computers. More than 30 U.S. state governments have done the same.

The potential ban passed in April would apply to the devices of all Americans. Both Democratic and Republican lawmakers say it will help protect the United States. U.S. Senator Mark Warner is a Democrat from Virginia. He says Congress has received top-secret information about China’s ability to use TikTok against the U.S. (The details have not been made public.)

U.S. Senator Marco Rubio is a Republican from Florida. He agrees the app is dangerous. “We are united in our concern about the national security threat posed by TikTok—a platform with enormous power to influence and divide Americans,” he said this past March, in a joint statement with Warner. 

Before Congress passed the TikTok bill, several lawmakers said they hoped the app would survive for Americans to enjoy—but only with a new owner. The new owner doesn’t need to be a U.S. company, Warner explained. But it does need to be from a country that is on good terms with the U.S. “I want to make clear to all Americans, this is not an effort to take your voice away,” Warner said.

Many U.S. lawmakers say China could also use TikTok to spread propaganda. That is information spread in order to make people think a certain way. It could promote false statements or highlight certain stories over others. For example, consider a U.S. election. TikTok could flood users’ feeds with positive videos about a candidate with pro-China policies.

One example that cybersecurity experts point to is the 2016 U.S. presidential election. Before people voted, a political company took private data from 50 million Facebook users. It did not have their permission. It used details about their friend networks, “likes,” and political views to create personalized ads. The company’s goal? To influence how those Facebook users would vote.

Such security fears have already led the U.S. to ban TikTok from government employees’ work phones and computers. Australia, Canada, and several European countries have done this too. So have more than 30 U.S. state governments.

The potential ban passed in April would apply to the devices of all Americans. Both Democratic and Republican lawmakers say it will help protect the United States. U.S. Senator Mark Warner is a Democrat from Virginia. He says Congress has received top-secret information about China’s ability to use TikTok against the U.S. (The details have not been made public.)

U.S. Senator Marco Rubio is a Republican from Florida. He agrees the app is dangerous. “We are united in our concern about the national security threat posed by TikTok—a platform with enormous power to influence and divide Americans.” Rubio said that this past March in a joint statement with Warner.

Before Congress passed the TikTok bill, several lawmakers said they hoped the app would survive for Americans to enjoy. But only if it gets a new owner. The new owner does not need to be a U.S. company, Warner explained. But it needs to be from a country that is on good terms with the U.S. “I want to make clear to all Americans, this is not an effort to take your voice away,” Warner said.

TikTok officials, meanwhile, say they would never turn over Americans’ personal details to China. Right now, TikTok is in the process of moving its U.S. data to servers owned and operated by a Texas-based company. That will put the information out of China’s reach, says Shou Zi Chew, TikTok’s chief executive officer.  

“The bottom line is this: American data stored on American soil, by an American company, overseen by American personnel,” Chew told Congress last year. 

In addition, TikTok and ByteDance argue that the new law goes against the Constitution because it limits Americans’ right to express themselves. Kate Ruane agrees. She is the director of the Free Expression Project at the Center for Democracy and Technology in Washington, D.C. Banning people from using TikTok takes away their right to freely speak on the app, she says.

“Congress wants to censor TikTok, and as a result, they are fine [with] censoring the people in the United States that use it to create or to support their businesses or get their news,” says Ruane.

TikTok and ByteDance say the law also puts other companies at risk. If Congress can do this to TikTok, their lawsuit states, U.S. lawmakers could force any company to be sold simply by calling it a security risk.

Plus, TikTok supporters point out, the U.S. has long championed free expression for everyone. It has spoken out against countries like China for censoring online content. If the U.S. bans TikTok, other countries might follow its lead and ban U.S.-owned apps that support free speech, like Snapchat or Instagram. 

That could be dangerous, Ruane warns. Social media is an important outlet for exchanging information and ideas, she says. This can be especially true in countries where people have limited freedoms.

Meanwhile, TikTok officials say they would never give Americans’ personal details to China. Right now, TikTok is moving its U.S. data to servers owned and operated by a Texas-based company. That will put the information out of China’s reach, says Shou Zi Chew. He is TikTok’s chief executive officer.

“The bottom line is this: American data stored on American soil, by an American company, overseen by American personnel,” Chew told Congress last year.

In addition, TikTok and ByteDance argue that the new law goes against the Constitution. They say it limits Americans’ right to express themselves. Kate Ruane agrees. She is the director of the Free Expression Project. That is at the Center for Democracy and Technology in Washington, D.C. Ruane says that banning people from using TikTok takes away their right to freely speak on the app.

“Congress wants to censor TikTok, and as a result, they are fine [with] censoring the people in the United States that use it to create or to support their businesses or get their news,” says Ruane.

TikTok and ByteDance say the law also puts other companies at risk. Their lawsuit says that if Congress can do this to TikTok, then U.S. lawmakers could force any company to be sold. They could simply call it a security risk.

Plus, TikTok supporters say, the U.S. has long fought for free expression for everyone. It has spoken out against countries like China for censoring online content. If the U.S. bans TikTok, other countries might do the same. Other countries could ban U.S.-owned apps that support free speech, like Snapchat or Instagram.

That could be dangerous, Ruane warns. She says social media is an important outlet for exchanging information and ideas. This can be especially true in countries where people have limited freedoms.

What happens next? The legal battle is expected to last months, but some experts say TikTok has an advantage. TikTok has successfully challenged earlier efforts to ban it. Last year, for example, a federal judge temporarily blocked a TikTok ban passed by Montana lawmakers. The judge said the ban likely violated the First Amendment. (The case was on hold when this issue went to press.)

If TikTok loses in court, would the app be sold? ByteDance executives say no. Plus, the Chinese government has said it wouldn’t approve a sale. 

Even if the ban is upheld, TikTok won’t immediately disappear from your device in January. But American app stores would not be allowed to offer it. Updates and tech fixes wouldn’t get through. Eventually, the app would stop working.

Would saying goodbye to TikTok make us more secure? Many privacy experts say no. They point out that other social media networks sell our details. China could likely buy Americans’ data if it wanted to.

That’s why Congress is considering a federal privacy law that would protect all of our digital data. It would limit the information that companies can collect. It would also require companies to tell us where that information goes. 

Ruane is among those who support such a law. “If we approach it that way,” she says, “we would protect everybody’s data on every app.” And we could still watch all those cute hamster videos. 

What happens next? The legal battle is expected to last months. But some experts say TikTok has an advantage. TikTok has successfully challenged earlier efforts to ban it. One example happened last year. A federal judge temporarily blocked a TikTok ban passed by Montana lawmakers. The judge said the ban likely violated the First Amendment. (The case was on hold when this issue went to press.)

What if TikTok loses in court? Would the app be sold? ByteDance executives say no. Plus, the Chinese government has said it would not approve a sale.

Even if the ban is upheld, TikTok will not immediately disappear from your device in January. But American app stores would not be allowed to offer it. Updates and tech fixes would not get through. Eventually, the app would stop working.

Would saying goodbye to TikTok make us more secure? Many privacy experts say no. They point out that other social media networks sell our details. China could likely buy Americans’ data if it wanted to.

That is why Congress is considering a federal privacy law to protect all of our digital data. It would limit the information that companies can collect. It would also require companies to tell us where that information goes.

Ruane is among those who support such a law. “If we approach it that way,” she says, “we would protect everybody’s data on every app.” And we could still watch all those cute hamster videos.