**The US government, led by the Justice Department, views TikTok as a significant national security risk. 1 This concern stems from: **
1. TikTok Is a Threat to National Security, but Not for the Reason You Think | RAND
www.rand.org
- Data Collection: TikTok’s extensive collection and storage of user data in the US.
- Chinese Influence: ByteDance, TikTok’s parent company, is headquartered in China. US officials fear that Chinese laws or government pressure could compel ByteDance to share user data with the Chinese government.
- Propaganda Concerns: There are fears that the Chinese government could use TikTok to spread propaganda and manipulate US citizens.
TikTok’s Legal Battle with the US Heads to the Supreme Court
US-China Tech War
To address US security concerns, ByteDance has partnered with Oracle to store US user data locally. However, the company maintains that divesting from TikTok is not a viable solution due to the complexities involved.
TikTok and its parent company ByteDance had requested that the Supreme Court issue a decision on their appeal by January 6, to allow sufficient time to undertake the “complex task of shutting down TikTok” in the United States, should the request be denied. Legal experts have noted that the hearing date of January 10 provides limited preparation time for attorneys representing TikTok and the Justice Department.
Carl Tobias, Williams Professor of Law at the University of Richmond and a seasoned Supreme Court analyst, remarked, “It is significant that the justices agreed to hear the appeal on an expedited basis given the impending deadline that could potentially cut off 170 million U.S. users. However, counsel for TikTok and the U.S. must swiftly prepare written briefs and oral arguments.”
He further noted that the D.C. Circuit panel determined U.S. national security concerns outweighed First Amendment claims. However, Tobias suggested the justices might reevaluate the critical issues in question.
Tobias also indicated that President Joe Biden could ease the time pressure by granting a 90-day extension, as permitted by law, though such a decision could be complicated by Donald Trump’s inconsistent stance on TikTok.
The Justice Department has argued that TikTok poses “a national-security threat of immense depth and scale” due to the extensive user data it collects and stores within the U.S. Lawmakers in Congress echoed these concerns during discussions about the ban, asserting that ByteDance’s Beijing headquarters and Chinese national security laws could potentially enable the Chinese Communist Party to influence U.S. users via the app.
However, no evidence of such manipulation has been presented. ByteDance has countered by stating that divestment is “not possible technologically, commercially, or legally.” The company has partnered with U.S. tech firm Oracle to store user data in Singapore and the U.S., and TikTok itself is not available in China, where a similar app, Douyin, operates.
There is speculation that the U.S. government’s hard stance on TikTok might soften under the incoming Trump administration. At a press conference in Florida, following a meeting with TikTok CEO Shou Zi Chew, Trump expressed a favorable view, stating, “I have a warm spot in my heart for TikTok.”