TikTok vs. Privacy: The Case for National Security and Personal Privacy
Over this long holiday weekend American’s experienced a brief case of TikTok withdrawal. This was triggered by the a unanimous US Supreme Court ruling that such a ban, forcing the sale of TikTok to a US company, is lawful. While not an advocate of governments reshaping marketplaces, I write here in support of this admittedly ad hoc action by the US Congress and the ruling by SCOTUS.
The Case for TikTok as a National Security Risk
The basis for the case in favor of upholding this ban is that China is a bona fide US advisory with demonstrated mal intent regarding US information security.
China’s intent is extended to Chinese firms because the it exercises a high level of control in its tech sector to make it an operating partner of the firms it allows to operate. Chinese law explicitly requires companies to cooperate with government data requests.
Researchers have shown that the TikTok app provides binary access to users’ machines that unlike other applications may be exploited a mass backdoors to hackers, spy or others with malintent. A series of reports from 2019 to 2021 detailed TikTok’s extraordinary security risks, including that it allowed remote downloading and execution of binary files, essentially acting like a pre-installed backdoor ready for payload delivery.
This sets it apart from other social media platforms and established its intent to harm. A “black hat” hacker would usually have to compromise a target’s devices through phishing or other means before it can achieve what TikTok pre-installed for its users. A Washington, DC court ruling also stressed TikTok’s continued malicious intent to abuse data collected from US citizens, even after the establishment of TikTok US Data Security.
TikTok’s vast reach, and the Chinese governments industrial-scale efforts in cyber-espionage, combine to form a credible threat to American users. The US Congress recognized this, the US Supreme Court (SCOTUS) upheld this as lawful. Requiring that the firm be run by a company in a jurisdiction where it could credibly assure privacy is neither censorship or nationalism. It is how the US might begin to address the need for a legal privacy regime.
The Case Against the Speech Rights Shielding TikTok
Consider what TikTok is — in America, it functions as a platform somewhat as YouTube does. Users generate content, the platform selects how to display it based on user insights.
As a platform, neither TikTok or YouTube are speakers. The platform does control to whom content is displayed, but it does not generate speech. Indeed, the government’s case is not based on censorship. It is based on the inability of Chinese-controlled companies to credibly promise not to be used as tools to spy, covertly influence or breech the privacy and security of users in the US.
As a Chinese-owned entity operating under the jurisdiction of the Chinese government, TikTok does not have the same free speech protections as U.S.-based platforms. Just as the government has the authority to regulate foreign threats in other areas, it should also be empowered to take action when those threats endanger national security. This is a basis for the recent SCOTUS ruling upholding a law passed by Congress to ban the platform if held as a Chinese corporation.
The Case for Comprehensive Privacy Laws
The debate over TikTok highlights the glaring need for comprehensive privacy laws in the United States. In a world where digital platforms collect unprecedented amounts of personal data, there is an urgent need for policies that ensure citizens’ privacy is protected from both corporate exploitation and foreign interference.
Current U.S. privacy laws are outdated and fragmented, leaving consumers vulnerable to a wide range of privacy violations. Without a comprehensive legal framework that governs data collection, storage, and sharing, Americans are left exposed to companies and governments that may use their data in ways they don’t understand or consent to. The absence of federal data privacy laws also means that platforms like TikTok can operate in a legal gray area, where transparency and accountability are often lacking.
The U.S. needs a robust set of privacy protections that hold companies accountable for how they handle personal data. These laws should not only restrict data collection to what is strictly necessary but also give individuals more control over their own information, with the power to opt out of invasive data practices. Additionally, these laws should establish clear penalties for companies that violate privacy standards or fail to adequately protect user data from misuse.
By pushing for comprehensive privacy laws, the U.S. can better protect its citizens from companies that prioritize profit over privacy and mitigate the risks posed by foreign-owned apps like TikTok. A national framework would provide more clarity and security for consumers, ensuring that their data isn’t weaponized by foreign powers or used for malicious purposes.
The Case for Action
The U.S. cannot afford to ignore the growing power of foreign tech companies or the risks they pose to individual privacy and national security. By enacting comprehensive privacy laws, we can protect American citizens from exploitation, while also taking decisive action to prevent platforms like TikTok from jeopardizing our safety. Banning TikTok is an imperfect ad hoc step, which should be part of a broader effort to secure our digital landscape.
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