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JAMIE TUCKER Consumer Technology Reporter
President Biden has signed a bill that includes a possible ban on the social media network TikTok.
The bill provides a nine-month deadline for TikTok to exit China and for TikTok's owner, ByteDance, to sell the platform to another company. If the sale is agreed to, the bill provides an additional three months for the ban to take effect.
So the TikTok clock is officially ticking.
As you've probably heard, the main concerns revolve around user data. TikTok's parent company, ByteDance, is based in China, and there are concerns that the Chinese government could request access to user information, especially US users.
Although many believe the ban won't survive scrutiny or litigation, consumer advocate Stephen Kent of the nonpartisan nonprofit Consumer Choice Center believes this is TikTok's last stand in the United States. He says it might happen.
“What we, as consumers and the American people, really don't know is what else Congress has decided,” Kent wonders. “In the civilian realm, we're saying there's something bigger here that we don't understand or don't know about.”
TikTok argues that the ban violates free speech and the First Amendment, an argument that proved successful when the state of Montana tried to ban TikTok more than a year ago. . Kent says that's not the reason for the ban to be enacted this time.
“Freedom of speech exists in this country. That's why the right way to go after TikTok is with data privacy and security. It's kind of like a gang. If you can't arrest them for murder, arrest them for tax evasion. Kent said from his Washington, D.C., office.
Some rightly argue that our personal information is sometimes more widely available than we realize, and that the Chinese government may have access to it from many sources.
Kent said the information TikTok's parent company ByteDance collects on users goes beyond basic information like names, addresses and personal information.
“Biometric data ranges from fingerprints to eyes to voice patterns to speech. And there's just a backdoor that TikTok provides to all kinds of apps on the phone through user agreements,” he said. “Basically, TikTok acts as a backdoor to everything that’s going on on your phone. Now you’re done storing your photos, videos, and sensitive zip folders. Everything.
It's like the Chinese government is allowed access. ”
TikTok denies sharing information with the Chinese government and says it will never do so in the future. Kent isn't so sure, believing TikTok will have no other choice if the Chinese government demands that TikTok hand over that information.
“My personal view is that in a year's time, TikTok will no longer be operating in the U.S. and why,” Kent says. “This is because ByteDance is not a company that pursues profit in good faith.
When former President Trump signed an executive order forcing ByteDance to leave China, the company entered into negotiations with Oracle and Microsoft, but no deal was reached until a judge overturned the executive order.
Kent said there are several people and companies interested in acquiring TikTok, but he doesn't think ByteDance will sell. “Any company in good faith pursuing profit would find a buyer and sell for cash. But ByteDance is engaged in information gathering operations, and they use that information gathering tool to sell to other buyers. I have no intention of selling it.”
Apple, the tech giant known for its strict app store policies, has banned several apps, most notably Fortnite. However, these bans were not government mandates and were related to revenue sharing.
So what if TikTok faces a similar fate? Even though it's banned, the app doesn't immediately disappear from your phone. Obeying the law does not constitute a violation. However, new downloads are not eligible. And as operating systems evolve, TikTok features will disappear.
This story isn't over yet. The battle between privacy, national security, and corporate interests will continue. ByteDance's fate is at stake, and the clock is ticking.
