Restrictions on TikTok in the United States

From Wikipedia, the free encyclopedia

Throughout the United States, the social media service TikTok has faced partial and attempted bans. The platform, owned by Chinese company ByteDance, sparked concerns over potential user data collection and influence operations by the Chinese government. Efforts in 2020 by the Trump administration to ban the app or force its sale were stopped by the courts and later his successor Joe Biden. As of June 2023, federal employees and state employees in 34 out of 50 states have been prohibited from using the app on government devices. In March 2024, the United States House of Representatives passed H.R. 7521 which would effectively ban TikTok unless ByteDance makes a qualified divestiture of its subsidiary. The bill is currently pending on any future actions from the Senate.

Federal[edit]

Further information: TikTok § United States
Executive Order 14034 ("EO 14034"), "Protecting Americans' Sensitive Data from Foreign Adversaries"

In January 2020, the United States Army and Navy banned TikTok on government devices after the Defense Department labeled it a security risk. Before the policy change, army recruiters had been using the platform to attract young people. Unofficial promotional videos continue to be posted on TikTok under personal accounts, drawing the ire of government officials, but they have also helped boost the number of enlistees; several accounts have millions of views and followers.[1][2][3]

Trump administration[edit]

Main article: Donald Trump–TikTok controversy

In 2020, the U.S. government announced that it was considering banning the Chinese social media platform TikTok upon a request from then-U.S. president Donald Trump, who viewed the app as a national security threat. The result was that TikTok owner ByteDance—which initially planned on selling a small portion of TikTok to an American company—agreed to divest TikTok to prevent a ban in the United States and in other countries where restrictions are also being considered due to privacy concerns, which themselves are mostly related to its ownership by a firm based in China.

TikTok would later announce plans to file legal action challenging the order's transactional prohibitions with U.S. companies.[4] The lawsuit against the Trump administration's order was filed on August 24, and contended that the administration's order was motivated by Trump's efforts to boost re-election support through protectionist trade policies aimed at China. A separate suit filed the same day by TikTok's U.S. technical program manager Patrick Ryan against Trump and Secretary of Commerce Wilbur Ross sought a temporary restraining order (TRO), arguing that his due process rights were violated and the ban was an "unconstitutional taking" of Ryan's property under the Fifth Amendment; the suit also claimed Trump's action was likely a retaliation because of the TikTok pranks targeting the June 20 campaign rally.

American technology company Microsoft had previously proposed an idea to acquire TikTok's algorithm and other artificial intelligence technology, but this was declined by ByteDance, as its executives expressed concern that it would likely be opposed by the Chinese government, which criticized the Trump administration's order previously as a "smash and grab" forced sale and (on September 13, 2021) suggested it would prefer the shuttering of U.S. operations over such a sale.

Biden administration[edit]

On June 9, 2021, the Biden Administration issued Executive Order 14034, "Protecting Americans' Sensitive Data from Foreign Adversaries" ("EO 14034").  EO 14034, overturning three Executive Orders signed by Donald Trump: Executive Order 13942, Executive Order 13943, and Executive Order 13971. Despite revoking these Executive Orders, the Biden Administration's EO 14304 has called upon other federal agencies to continue a broad review of foreign-owned applications set to continuously inform the President of the risk that the applications pose to personal data and national security.[5] The White House said that, "The Biden Administration is committed to promoting an open, interoperable, reliable, and secure Internet; protecting human rights online and offline; and supporting a vibrant, global digital economy."[6]

In December 2022, Senator Marco Rubio and representatives Mike Gallagher and Raja Krishnamoorthi introduced the Averting the National Threat of Internet Surveillance, Oppressive Censorship and Influence, and Algorithmic Learning by the Chinese Communist Party Act (ANTI-SOCIAL CCP Act), which would prohibit Chinese- and Russian-owned social networks from doing business in the United States.[7][8]

On December 30, 2022, President Joe Biden signed the No TikTok on Government Devices Act, prohibiting the use of the app on devices owned by the federal government, with some exceptions.[9] Days after the Biden administration called on ByteDance, which owns TikTok, to sell the platform or face a ban, law enforcement officials disclosed that an investigation into TikTok was taking place. On March 17, 2023, the United States Department of Justice (DOJ) and the Federal Bureau of Investigation (FBI) officially launched an investigation of TikTok, including allegations that the company spied on American journalists.[10]

On January 25, 2023, Missouri Senator Josh Hawley introduced a bill to ban the platform nationwide. It was later blocked in the Senate by a forced vote on 29 March 2023.[11]

In February and March 2023, the DATA Act and the RESTRICT Act were both introduced in the House of Representatives and Senate, respectively. The DATA Act, introduced on February 24 by Michael McCaul, aimed to ban selling non-public personal data to third-party buyers.[12] On March 7, Senator Mark Warner introduced the RESTRICT Act: if passed, it would give the Secretary of Commerce authority to review business transactions made by IT service and product vendors tied to designated "foreign adversaries" if they present an undue threat to national security, and have more than one million active users in the United States. The legislation would allow for the enforcement of orders and other mitigation measures, which could include mandatory divestment, or being prohibited from doing business in the United States.[13]

In February 2024, the Director of National Intelligence's unclassified annual threat assessment stated that TikTok accounts run by the Chinese government were used to influence the 2022 United States elections.[14]

On March 8, 2024, President Joe Biden said he would sign into law a bill banning TikTok unless it divests from ByteDance. After being advanced by the Energy and Commerce Committee,[15] the United States House of Representatives passed the Protecting Americans from Foreign Adversary Controlled Applications Act (H.R. 7521) on March 13, 2024, with largely bipartisan support from Democrat and Republican-party Representatives.[16] It would ban operations related to the app completely within the country unless ByteDance makes a qualified divestiture as determined by the US president. The bill is pending on Senate action.[17]

States[edit]

Employee and university bans[edit]

Banning of TikTok on state government devices by U.S. state
  Ban enacted by Republican official
  Ban enacted by Democratic official
  Ban enacted by government agency
  No ban

As of April 2023,[18][19] at least 34 out of 50 states have announced or enacted bans on state government agencies, employees, and contractors using TikTok on government-issued devices. State bans only affect government employees and do not prohibit civilians from having or using the app on their personal devices.

State Ban enacted by Political party Date Source
Alabama Governor
Kay Ivey 		Republican December 13, 2022 [20]
Alaska Governor
Mike Dunleavy 		Republican January 6, 2023 [21]
Arizona Governor
Katie Hobbs 		Democratic April 5, 2023 [22]
Arkansas Governor
Sarah Huckabee Sanders 		Republican January 10, 2023 [23]
Delaware Delaware Department of Technology and Information N/A January 19, 2023 [24]
Florida Chief financial officer
Jimmy Patronis 		Republican August 11, 2020 [25]
Georgia Governor
Brian Kemp 		Republican December 15, 2022 [26]
Idaho Governor
Brad Little 		Republican December 14, 2022 [27]
Indiana Indiana Office of Technology N/A December 7, 2022 [28]
Iowa Governor
Kim Reynolds 		Republican December 13, 2022 [29]
Kansas Governor
Laura Kelly 		Democratic December 28, 2022 [30]
Kentucky Governor
Andy Beshear 		Democratic January 12, 2023 [31][32]
Louisiana Secretary of State
Kyle Ardoin 		Republican December 19, 2022 [33]
Maine Maine Information Technology N/A January 19, 2023 [34]
Maryland Governor
Larry Hogan 		Republican December 6, 2022 [35]
Michigan Department of Technology, Management and Budget N/A March 1, 2023 [36]
Mississippi Governor
Tate Reeves 		Republican January 11, 2023 [37]
Montana Governor
Greg Gianforte 		Republican December 16, 2022 [38]
Nebraska Governor
Pete Ricketts 		Republican August 12, 2020 [39]
Nevada Governor
Joe Lombardo 		Republican March 28, 2023 [40]
New Hampshire Governor
Chris Sununu 		Republican December 15, 2022 [26]
New Jersey Governor
Phil Murphy 		Democratic January 9, 2023 [41]
North Carolina Governor
Roy Cooper 		Democratic January 12, 2023 [42]
North Dakota Governor
Doug Burgum 		Republican December 13, 2022 [43]
Ohio Governor
Mike DeWine 		Republican January 8, 2023 [44]
Oklahoma Governor
Kevin Stitt 		Republican December 8, 2022 [45]
Oregon Oregon State Legislature Bipartisan July 24, 2023 [46][47]
South Carolina Governor
Henry McMaster 		Republican December 5, 2022 [48][49]
South Dakota Governor
Kristi Noem 		Republican November 29, 2022 [50]
Tennessee Governor
Bill Lee 		Republican December 10, 2022 [51]
Texas Governor
Greg Abbott 		Republican December 7, 2022 [52]
Utah Governor
Spencer Cox 		Republican December 12, 2022 [53]
Vermont Governor
Phil Scott 		Republican February 20, 2023 [54]
Virginia Governor
Glenn Youngkin 		Republican December 16, 2022 [55]
Wisconsin Governor
Tony Evers 		Democratic January 12, 2023 [56]
Wyoming Governor
Mark Gordon 		Republican December 15, 2022 [57]

Schools[edit]

Some public universities have also banned TikTok on campus Wi-Fi and university-owned computers. These include, but are not limited to:

Attempted public bans[edit]

Montana[edit]

On April 14, 2023, Montana became the first state to pass legislation banning TikTok on all personal devices operating within state lines, and barring app stores from offering TikTok for download.[68][69][70] Governor Greg Gianforte signed the bill, Senate Bill (SB) 419, into law on May 17,[71][72] claiming he had banned TikTok "to protect Montanans’ personal and private data from the Chinese Communist Party."[73] The law was scheduled to take effect in January 2024.[71] However, Montana content creators filed suit against the state once the bill was signed.[74][75] The creators' lawsuit is financed and directed by TikTok, with law firm Davis Wright Tremaine representing them.[76]

The ban was blocked by US District Judge Donald W. Molloy on December 1, 2023, as he stated the ban "infringes on the Constitutional right of users and businesses". Due to the block, the ban did not come into effect as planned.[77] On January 2, 2024, Montana filed a notice to appeal the ruling to the U.S. Court of Appeals for the Ninth Circuit.[78]

Groups such as the ACLU and the Electronic Frontier Foundation (EFF) opposed the ban, stating it constituted "censorship" and "would set an alarming precedent for excessive government control over how Montanans use the internet."[79] Lobbying group NetChoice argued that the ban is an unconstitutional bill of attainder and also violates the freedom of speech clause of the First Amendment.[80] Hours after the bill was signed into law, five TikTok creators filed a lawsuit in the United States District Court for the District of Montana against the state. A spokeswoman for Montana Attorney General Austin Knudsen said that the state is "fully prepared to defend the law".[81] In a preliminary ruling November 30, 2023, federal judge Donald Molloy blocked the law citing constitutional concerns.[82] Specifically, Judge Molloy wrote that "the State fails to show how SB 419 is constitutionally permissible."[83][84]

The law faces technical restrictions. The App Store and Google Play Store track users by country, not by state, and would need to define the behavior when a user crosses state lines. While Apple and Google may be able to use IP addresses to track device locations, users may be able to use a virtual private network (VPN) to circumvent the restriction. If these app stores are found to be hosting TikTok for Montana users, violators could face fines of $10,000 per day.[85] TikTok has stated that it would need to collect data from users in order to comply with the bill.[86]

Other[edit]

In July 2020, Wells Fargo banned the app from company devices due to privacy and security concerns.[87]

In August 2023, New York City banned TikTok on government-owned devices for security reasons.[88]

Reactions[edit]

Opinion polling[edit]

A July 2020 poll from Morning Consult, with 2,200 surveyed, found that 29% of American adults supported a TikTok ban, 33% opposed one, and 38% had no opinion.[89] An August 2020 poll from Reuters/Ipsos, surveying 1,349, had 40% supporting Trump's move to ban the app, 30% opposed, and 30% uncertain.[90]

A December 2022 poll from Rasmussen Reports, surveying 1,000 likely U.S. voters, found that 68% supported proposals to federally ban TikTok, with 43% strongly supporting a ban. Conversely, 24% surveyed were opposed, including 12% who strongly opposed.[91]

A March 2023 poll from The Washington Post, surveying 1,027 American adults, found that 41% supported the federal government banning TikTok, while 25% remain opposed to a ban.[92] Another March poll, from Pew Research Center, found twice as many adult Americans support the U.S. government's ban on TikTok as oppose it (50% vs. 22%), though a significant portion (28%) remain unsure.[93]

A December 2023 poll from Pew Research Center found 38% in favor of a ban, reflecting a decrease among Republicans even amid renewed efforts by their party leaders to ban the app.[94]

A February 2024 poll by the Associated Press and NORC Center for Public Affairs Research found 31% of the respondents were in favor of a nationwide ban of TikTok, while 35% said they were opposed to it. Overall 56% said they supported a limited ban on government devices.[95]

Chinese government response[edit]

In March 2024, a spokesperson for Ministry of Foreign Affairs of the People's Republic of China said the Protecting Americans from Foreign Adversary Controlled Applications Act was putting the U.S. on "the opposite side of the principle of fair competition and international economic and trade rules."[96] Representatives from the Embassy of China, Washington, D.C. also met with U.S. congressional staffers to lobby against the bill.[97]

Company response[edit]

TikTok began working on Project Texas after 2020 to address data concerns from the US government.[98] In March 2023, Politico reported that TikTok hired SKDK to lobby amid a possible federal ban.[99]

Industry response[edit]

Despite potential U.S. bans, some advertisers have increased their spending on TikTok in 2023. Edward East, CEO of marketing agency Billion Dollar Boy, stated that instead of being intimidated by a potential ban, the industry is seeing an increase in brand investment through TikTok.[100]

Criticism[edit]

Bans and attempted bans in the United States have drawn objections citing hypocrisy, protectionism, and not addressing user data privacy in general. Lawmakers making allegations against TikTok fail to mention that the United States itself surveils non-US nationals under Section 702 of FISA.[101] The types of data collected by TikTok are also collected by other social media platforms and sold through brokers to private buyers and reportedly government agencies as well, without oversight.[101][102] A researcher at Georgia Tech's Internet Governance Project is concerned that Washington's attempt to protect the US market could backfire.[101] Some researchers from the Citizen Lab and the Center for Strategic and International Studies stated that user information in general should be protected, not just focusing on one platform.[102][103] There has not been any public evidence of security problems or influence campaigns on TikTok.[103]

See also[edit]

References[edit]

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  101. ^ a b c Hale, Erin. "US says China can spy with TikTok. It spies on world with Google". Al Jazeera. Archived from the original on September 13, 2023. Retrieved May 22, 2023. They did not mention how the US government itself uses US tech companies that effectively control the global internet to spy on everyone else ... giving agencies such as the National Security Agency (NSA), Federal Bureau of Investigation (FBI) and Central Intelligence Agency (CIA) practically free rein to snoop on their communications. For billions of internet users outside the US, the lack of privacy mirrors the alleged threat that US officials say TikTok, owned by Chinese company ByteDance, poses to Americans. It is a case of rules for thee but not for me. Washington giving US tech companies a free card while restricting foreign companies would be basically signalling to other countries or nations that sovereignty is the ultimate game in regulating cyberspace, Panday said. But why wouldn't they just buy it on the open market like the American government does?
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