TikTok ban goes to the court: Five essential reads on the case and its consequences

Eric Smalley, MDT/The Conversation

TikTok headed to court on Sept. 16, 2024, seeking to overturn a law that would force it to separate from its China-based parent company or face a U.S. ban. During the hearing at the U.S. Court of Appeals for the District of Columbia Circuit, TikTok’s lawyers argued that such a move would have “staggering” consequences for free speech. This marks the latest step in a long debate over the app’s future, driven by its immense popularity among young Americans and concerns in Washington about security risks. Regardless of the outcome, many expect the case to reach the Supreme Court.

TikTok has faced controversy, especially regarding its links to China. Politicians pushing for a ban or divestment argue the app could be a tool for the Chinese Communist Party to influence Americans or access their data. Shaomin Li, a scholar at Old Dominion University, explains that while TikTok’s parent company, ByteDance, operates like other Chinese businesses as a joint venture with the state, the relationship is complex. ByteDance management serves both investors and political overseers, and when these interests clash, the party takes precedence.

Another concern is data exploitation. Like many popular apps, TikTok collects a wealth of data from users, including contact information, website tracking, and personal posts. Doug Jacobson, a cybersecurity researcher from Iowa State University, notes that U.S. lawmakers worry the Chinese government could exploit this data to spy on Americans. However, Jacobson points out that the Chinese government may already have access to personal information on a vast portion of the U.S. population through other means, making a TikTok ban potentially ineffective in addressing the broader issue of data security.

Moreover, banning TikTok might introduce new security risks. Robert Olson, a computer security expert at Rochester Institute of Technology, warns that U.S. users could turn to risky practices like sideloading to keep accessing TikTok if it’s removed from app stores. This method bypasses security protections from Apple and Google, making users more vulnerable to malware. Olson argues that the legislation intended to improve cybersecurity could ironically lead users to engage in more dangerous online behaviors.

TikTok’s legal challenge also raises significant First Amendment concerns. Technology law scholars Anupam Chander of Georgetown University and Gautam Hans of Cornell University suggest that forcing ByteDance to sell TikTok constitutes prior restraint, which prevents speech before it occurs. They explain that by altering TikTok’s ownership, the government would be changing the platform itself, which could be seen as interference with free speech—a core issue the First Amendment aims to prevent.

Finally, the forced sale or ban of TikTok may not effectively address the problems at hand, such as Chinese influence, teen harm, and data privacy violations. Sarah Florini, a media scholar at Arizona State, highlights that the Chinese government and other adversaries have long used U.S.-based social media to shape public opinion. Furthermore, concerns over the harmful effects of social media on teens are not exclusive to TikTok, as demonstrated by the Facebook whistleblower case. Florini argues that while concerns about TikTok are valid, they are not unique, as U.S.-based platforms have posed similar threats for over a decade.

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