There isn’t any evidence that TikTok is spying for the CCP. ByteDance’s only demonstrable misuse of user data was to track employees leaking information to journalists. But data is leaky, and employee access is hard to police. Under the National Intelligence Law, there is always a risk that ByteDance will be compelled to share TikTok user data with the CCP.
Further, there is little reason to believe TikTok is a unique intelligence goldmine. Other apps collect similar information and much of the more sensitive information TikTok collects, such as user location, can be purchased from unscrupulous data brokers. Absent broader data protections, banning TikTok at best forces China to buy Americans’ data instead of getting it for free.
To get vital data, China has repeatedly hacked American firms and the American government itself. In 2015, Chinese hackers stole 22 million background check records from the Office of Personnel Management. It has even flown antennae-laden balloons over the United States.
In light of China’s security law, banning TikTok on government devices and the devices of government employees makes sense. But a general ban would do little good and a lot of harm. Concerns about the misuse of American data are better addressed by new data security laws.
America has benefited tremendously from the open, international internet, which brought TikTok to our shores. Most globally successful internet platforms are American. TikTok’s unique success is no reason to upend a system that continues to serve us well.
Indeed, the rest of the world has long tolerated the risk that American tech firms might be compelled to share data with our government via National Security Letters. This Patriot Act authority allows the FBI to demand data from private firms and prevents recipients from disclosing that they have received such demands.
Globally successful American platforms such as Instagram and YouTube, and, now, TikTok, are powerful conduits of American culture and ideas. This is why China bans TikTok at home, limiting Chinese users to a heavily censored alternative called Douyin. Indeed, TikTok is difficult to ban via executive order because of the Berman Amendment, a late Cold War-era law exempting the flow of information from certain sanctions.
Proposed federal legislation targeting TikTok, such as the RESTRICT Act, would give the government new powers to control Americans’ use of foreign web services. And on the state level, Montana’s recently signed impermissibly dragoons app stores into enforcing its TikTok prohibition. This is a dangerous precedent to set, either domestically or for foreign legislators.
Ultimately, a TikTok ban would hurt American users at home and American firms abroad while doing next to nothing to curb Chinese data gathering. Instead of limiting Americans’ access to particular platforms, policymakers should work toward broad rules for specific kinds of sensitive information.