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    White House ‘very in favor’ of bill thought to target TikTok

    One of the authors of a Senate bill that would enable the federal commerce department to ban technologies with links to foreign governments has said that the Joe Biden White House is “very in favor” of the measure, but he stopped short of saying whether the president’s administration has discussed possibly prohibiting the Chinese-owned social media platform TikTok in particular.Appearing on CBS’s Face the Nation on Sunday morning, Senator Mark Warner of Virginia said that the proposed legislation has also picked up support in his congressional chamber from 11 Democrats – of which he is one – as well as 11 Republicans.“I think the White House is very in favor of this bill,” said Warner, chairperson of the Senate’s select committee on intelligence. Without saying whether Biden’s administration would push for these steps to be taken against TikTok, Warner added: “We [would] give the secretary of commerce the tools to ban, to force a sale.”TikTok has drawn close congressional scrutiny because the data of users on the popular video sharing platform could be available to the government of China, the US’s rival global superpower. The Chinese firm ByteDance owns TikTok, and Warner said laws in China require the owner company to make user data accessible to the country’s ruling Communist party.Some lawmakers have advocated for a blanket ban of TikTok, which is headquartered in San Jose. But one of the other responses from Capitol Hill has been for Warner and the Republican South Dakota senator John Thune to draft and rally support for what is known as the Restricting the Emergence of Security Threats that Risk Information and Communications Act.Also known as the Restrict Act, the measure would authorize the Oval Office – through the commerce department – to review technologies which arrive from abroad. The commerce department could then move to ban those technologies or seek to force their sale, depending on any review’s findings.As with all such bills, the proposal would need approval from both congressional chambers as well as the president’s signature to become law. Democrats and the independents who caucus with them have a 51-49 advantage in the Senate where the Restrict Act has drawn support from both sides of the political aisle. Republicans hold a slight numerical edge in the House of Representatives.Warner’s remarks on Sunday came three days after TikTok’s chief executive officer, Shou Zi Chew, spent five hours publicly answering questions from members of the US House. As he testified, Chew defended TikTok’s relationship with China, saying the country’s rulers had never asked for user information and that the platform wouldn’t comply with such a request.“Let me state this unequivocally: ByteDance is not an agent of China or any other country,” Chew said during the occasionally testy session, at which he also tried to assuage concerns about how the platform affects the mental health of its youngest users.Warner on Sunday said he was not impressed with Chew’s performance in front of lawmakers.skip past newsletter promotionafter newsletter promotion“While I appreciated Mr Chew’s testimony, he just couldn’t answer the basic questions,” Warner said. “At the end of the day, TikTok is owned by a Chinese company, … and by Chinese law, that company has to be willing to turn over data.”Appearing separately on CNN’s State of the Union, Washington congresswoman Cathy McMorris Rodgers – who is chairperson of the House’s energy and commerce committee – argued that TikTok could not be trusted despite Chew’s testimony. The Republican congresswoman called TikTok an “immediate threat” and said it deserved to get banned in the US.Though not directly related to TikTok, US fears about Chinese government surveillance reached a fever pitch after American fighter jets shot down a China-owned spy balloon off the coast of South Carolina on 4 February. The US was later reportedly investigating whether strong winds had blown the balloon off course after it took off from China’s Hainan Island and ultimately entered US airspace. More

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    Utah bans under-18s from using social media unless parents consent

    The governor of Utah, Spencer Cox, has signed sweeping social media legislation requiring explicit parental permissions for anyone under 18 to use platforms such as TikTok, Instagram and Facebook. He also signed a bill prohibiting social media companies from employing techniques that could cause minors to develop an “addiction” to the platforms.The former is the first state law in the US prohibiting social media services from allowing access to minors without parental consent. The state’s Republican-controlled legislature passed both bills earlier this month, despite opposition from civil liberties groups.“We’re no longer willing to let social media companies continue to harm the mental health of our youth,” Cox, a Republican, said in a message on Twitter.The impact of social media on children has become a topic of growing debate among lawmakers at the state and federal levels. On the same day Cox signed the bills in Utah, TikTok’s CEO testified before Congress to address concerns about national security, data privacy and teen users’ mental health.The new law prohibiting minors from accessing social media without their parents’ consent would also allow parents or guardians to access all of their children’s posts. The platforms will be required to block users younger than 18 from accessing accounts between 10.30pm and 6.30am unless parents modify the settings.The laws also prohibit social media companies from advertising to minors, collecting information about them or targeting content to them.What’s not clear from the Utah laws and others is how the states plan to enforce the new regulations. Companies are already prohibited from collecting data on children younger than 13 without parental consent under the federal Children’s Online Privacy Protection Act. For this reason, social media companies already ban kids under 13 from signing up to their platforms – but children can easily get around it, both with and without their parents’ permission.Civil liberties groups have raised concerns that such provisions will block marginalized youth including LGBTQ+ teens from accessing online support networks and information.Tech groups have also opposed the laws. “Utah will soon require online services to collect sensitive information about teens and families, not only to verify ages, but to verify parental relationships, like government-issued IDs and birth certificates, putting their private data at risk of breach,” said Nicole Saad Bembridge, an associate director at NetChoice, a tech lobby group. “These laws also infringe on Utahans’ first amendment rights to share and access speech online – an effort already rejected by the supreme court in 1997.”skip past newsletter promotionafter newsletter promotionThe law will take effect next March. Michael McKell, the Republican state senator who sponsored the bill, told the New York Times that social media is “a contributing factor” to poor teen mental health, and that the laws were intended to address that issue.Several states have sought to enact guardrails for young social media users. Lawmakers in Connecticut and Ohio have put forward measures to require parental permissions for users younger than 16. Lawmakers in Arkansas and Texas have also introduced bills to restrict social media use among minors under 18, with the latter aiming to ban social media accounts for minors entirely.California enacted a measure requiring social media networks to enact the highest privacy settings for users younger than 18 as a default. More

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    Key takeaways from TikTok hearing in Congress – and the uncertain road ahead

    The first appearance in Congress for TikTok’s CEO Shou Zi Chew stretched more than five hours, with contentious questioning targeting the app’s relationship with China and protections for its youngest users.Chew’s appearance comes at a pivotal time for TikTok, which is facing bipartisan fire after experiencing a meteoric rise in popularity in recent years. The company is owned by Chinese firm ByteDance, raising concerns about China’s influence over the app – criticisms Chew repeatedly tried to resist throughout the hearing.“Let me state this unequivocally: ByteDance is not an agent of China or any other country,” he said in prepared testimony.He defended TikTok’s privacy practices, stating they are are in line with those of other social media platforms, adding that in many cases the app collects less data than its peers. “There are more than 150 million Americans who love our platform, and we know we have a responsibility to protect them,” Chew said.Here are some of the other key criticisms Chew faced at Thursday’s landmark hearing, and what could lie ahead.TikTok’s relationship to China under fireMany members of the committee focused on ByteDance and its executives, who lawmakers say have ties to the Chinese Communist party.The committee members asked how frequently Chew was in contact with them, and questioned whether the company’s proposed solution, called Project Texas, would offer sufficient protection against Chinese laws that require companies to make user data accessible to the government.At one point, Tony Cárdenas, a Democrat from California, asked Chew outright if TikTok is a Chinese company. Chew responded that TikTok is global in nature, not available in mainland China, and headquartered in Singapore and Los Angeles.Neal Dunn, a Republican from Florida, asked with similar bluntness whether ByteDance has “spied on American citizens” – a question that came amid reports the company accessed journalists’ information in an attempt to identify which employees were leaking information. Chew responded that “spying is not the right way to describe it”.Concerns about the viability of ‘Project Texas’In an effort to deflect concerns about Chinese influence, TikTok has pledged to relocate all US user data to domestic servers through an effort titled Project Texas, a plan that would also allow US tech firm Oracle to scrutinize TikTok’s source code and act as a third-party monitor.The company has promised to complete the effort by the end of the year, but some lawmakers questioned whether that is possible, with hundreds of millions of lines of source code requiring review in a relatively short amount of time.“I am concerned that what you’re proposing with Project Texas just doesn’t have the technical capability of providing us the assurances that we need,” the California Republican Jay Obernolte, a congressman and software engineer, said.Youth safety and mental health in the spotlightAnother frequent focus was the safety of TikTok’s young users, considering the app has exploded in popularity with this age group in recent years. A majority of teens in the US say they use TikTok – with 67% of people aged 13 to 17 saying they have used the app and 16% of that age group saying they use it “almost constantly”, according to the Pew Research Center.skip past newsletter promotionafter newsletter promotionLawmakers cited reports that drug-related content has spread on the app, allowing teens to purchase dangerous substances easily online. Chew said such content violates TikTok policy and that they are removed when identified.“We take this very seriously,” Chew said. “This is an industry-wide challenge, and we’re investing as much as we can. We don’t think it represents the majority of the users’ experience on TikTok, but it does happen.”Others cited self-harm and eating disorder content, which have been spreading on the platform. TikTok is also facing lawsuits over deadly “challenges” that have gone viral on the app. Mental health concerns were underscored at the hearing by the appearance of Dean and Michelle Nasca, the parents of a teen who died by suicide after allegedly being served unsolicited self-harm content on TikTok.“We need you to do your part,” said congresswoman Kim Schrier, who is a pediatrician. “It could save this generation.”Uncertainty lingers over a possible banThe federal government has already barred TikTok on government devices, and the Biden administration has threatened a national ban. Thursday’s hearing left the future of the app in the US uncertain, as members of the committee appeared unwavering in their conviction that TikTok was a tool that could be exploited by the Chinese Communist party. Their conviction was bolstered by a report in the Wall Street Journal, released just hours before the hearing, indicating the Chinese government would not approve a sale of TikTok.Lawmakers outside of the committee are also unconvinced. US senators Mark Warner and John Thune said in a statement that all Chinese companies “are ultimately required to do the bidding of Chinese intelligence services, should they be called upon to do so” and that nothing Chew said in his testimony assuaged those concerns. Colorado senator Michael Bennet also reiterated calls for an all-out ban of TikTok.But the idea of a national ban still faces huge hurdles, both legally and in the court of public opinion. For one, previous attempts to ban TikTok under the Trump administration was blocked in court due in part to free speech concerns. TikTok also remains one of the fastest growing and most popular apps in the US and millions of its users are unlikely to want to give it up.A coalition of civil liberties, privacy and security groups including Fight for the Future, the Center for Democracy and Technology, and the American Civil Liberties Union have written a letter opposing a ban, arguing that it would violate constitutional rights to freedom of expression. “A nationwide ban on TikTok would have serious ramifications for free expression in the digital sphere, infringing on Americans’ first amendment rights and setting a potent and worrying precedent in a time of increased censorship of internet users around the world,” the letter reads.Where the coalition and many members of the House committee agree is on the pressing need for federal data privacy regulation that protects consumer information and reins in all big tech platforms, including TikTok. The American Data Privacy Act – a bipartisan bill working its way through Washington – is one effort under way to address those concerns. More

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    TikTok CEO grilled for over five hours on China, drugs and teen mental health

    The chief executive of TikTok, Shou Zi Chew, was forced to defend his company’s relationship with China, as well as the protections for its youngest users, at a testy congressional hearing on Thursday that came amid a bipartisan push to ban the app entirely in the US over national security concerns.The hearing got off to an intense start, with members of the committee hammering on Chew’s connection to executives at TikTok’s parent company, ByteDance, whom lawmakers say have ties to the Chinese Communist party. The committee members asked how frequently Chew was in contact with them, and questioned whether the company’s proposed solution, called Project Texas, would offer sufficient protection against Chinese laws that require companies to make user data accessible to the government.Lawmakers have long held concerns over China’s control over the app, concerns Chew repeatedly tried to resist throughout the hearing. “Let me state this unequivocally: ByteDance is not an agent of China or any other country,” he said in prepared testimony.But Chew’s claims of independence were undermined by a Wall Street Journal story published just hours before the hearing that said China would strongly oppose any forced sale of the company. Responding for the first time to Joe Biden’s threat of a national ban unless ByteDance sells its shares, the Chinese commerce ministry said such a move would involve exporting technology from China and thus would have to be approved by the Chinese government.Lawmakers also questioned Chew over the platform’s impact on mental health, particularly of its young users. The Republican congressman Gus Bilirakis shared the story of Chase Nasca, a 16-year-old boy who died by suicide a year ago by stepping in front of a train. Nasca’s parents, who have sued ByteDance, claiming Chase was “targeted” with unsolicited suicide-related content, appeared at the hearing and grew emotional as Bilirakis told their son’s story.“I want to thank his parents for being here today, and allowing us to show this,” Bilirakis said. “Mr Chew, your company destroyed their lives.”Driving home concerns about young users, Congresswoman Nanette Barragán asked Chew about reports that he does not let his own children use the app.“At what age do you think it would be appropriate for a young person to get on TikTok?” she said.Chew confirmed his own children were not on TikTok but said that was because in Singapore, where they live, there is not a version of the platform for users under the age of 13. In the US there is a version of TikTok in which the content is curated for a users under 13.“Our approach is to give differentiated experiences for different age groups, and let the parents have conversations with their children to decide what’s best for their family,” he said.The appearance of Chew before the House energy and commerce committee, the first ever by a TikTok chief executive, represents a major test for the 40-year-old, who has remained largely out of the spotlight.Throughout the hearing, Chew stressed TikTok’s distance from the Chinese government, kicking off his testimony with an emphasis on his own Singaporean heritage. Chew talked about Project Texas – an effort to move all US data to domestic servers – and said the company was deleting all US user data that is backed up to servers outside the US by the end of the year.Some legislators expressed that Project Texas was too large an undertaking, and would not tackle concerns about US data privacy soon enough. “I am concerned that what you’re proposing with Project Texas just doesn’t have the technical capability of providing us the assurances that we need,” the California Republican Jay Obernolte, a software engineer, said.At one point, Tony Cárdenas, a Democrat from California, asked Chew outright if TikTok is a Chinese company. Chew responded that TikTok is global in nature, not available in mainland China, and headquartered in Singapore and Los Angeles.Neal Dunn, a Republican from Florida, asked with similar bluntness whether ByteDance has “spied on American citizens” – a question that came amid reports the company accessed journalists’ information in an attempt to identify which employees were leaking information. Chew responded that “spying is not the right way to describe it”.The hearing comes three years after TikTok was formally targeted by the Trump administration with an executive order prohibiting US companies from doing business with ByteDance. Biden revoked that order in June 2021, under the stipulation that the US committee on foreign investment conduct a review of the company. When that review stalled, Biden demanded TikTok sell its Chinese-owned shares or face a ban in the US.This bipartisan nature of the backlash was remarked upon several times during the hearing, with Cárdenas pointing out that Chew “has been one of the few people to unite this committee”.Chew’s testimony, some lawmakers said, was reminiscent of Mark Zuckerberg’s appearance in an April 2018 hearing to answer for his own platform’s data-privacy issues – answers many lawmakers were unsatisfied with. Cárdenas said: “We are frustrated with TikTok … and yes, you keep mentioning that there are industry issues that not only TikTok faces but others. You remind me a lot of [Mark] Zuckerberg … when he came here, I said he reminds me of Fred Astaire: a good dancer with words. And you are doing the same today. A lot of your answers are a bit nebulous, they’re not yes or no.”Chew, a former Goldman Sachs banker who has helmed the company since March 2021, warned users in a video posted to TikTok earlier in the week that the company was at a “pivotal moment”.“Some politicians have started talking about banning TikTok,” he said, adding that the app now has more than 150 million active monthly US users. “That’s almost half the US coming to TikTok.”TikTok has battled legislative headwinds since its meteoric rise began in 2018. Today, a majority of teens in the US say they use TikTok – with 67% of people ages 13 to 17 saying they have used the app and 16% of that age group saying they use it “almost constantly”, according to the Pew Research Center.This has raised a number of concerns about the app’s impact on young users’ safety, with self-harm and eating disorder-related content spreading on the platform. TikTok is also facing lawsuits over deadly “challenges” that have gone viral on the app.TikTok has introduced features in response to such criticisms, including automatic time limits for users under 18.Some tech critics have said that while TikTok’s data collection does raise concerns, its practices are not much different from those of other big tech firms.“Holding TikTok and China accountable are steps in the right direction, but doing so without holding other platforms accountable is simply not enough,” said the Tech Oversight Project, a technology policy advocacy organization, in a statement.“Lawmakers and regulators should use this week’s hearing as an opportunity to re-engage with civil society organizations, NGOs, academics and activists to squash all of big tech’s harmful practices.” More

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    TikTok’s CEO eluded the spotlight. Now, a looming ban means he can’t avoid it

    Shou Zi Chew is not a prolific TikToker. The 40-year-old CEO of the Chinese-owned app has just 23 posts and 17,000 followers to his name – paltry by his own platform’s standards.Chew’s profile sees him attending football games, visiting Paris and London, trying Nashville hot chicken, or boating on a lake, often with generic captions. (“Love the outdoors!”). Users have noticed: “Bro the TikTok ceo with 41 likes,” one person commented on his video of the outdoors. “Shout out to this small creator,” another wrote.Suffice to say, Chew is not an influencer. But his influence over one of the world’s fastest growing, most popular and – some say – most dangerous social networks is under increasing scrutiny.On Thursday Chew will appear before a US congressional committee, answering to lawmakers’ concerns over the Chinese government’s access to US user data, as well as TikTok’s impact on the mental health of its younger user base. The stakes are high, coming amid a crackdown on TikTok from the US to Europe. In the past few months alone, the US has banned TikTok on federal government devices, following similar moves by multiple states’ governments, and the Biden administration has threatened a national ban unless its Chinese-owned parent company, ByteDance, sells its shares.It’s one of the biggest tests yet for the Harvard business alumnus, who counts stints at the consumer electronics giant Xiaomi, Yuri Milner’s investment firm DST and Goldman Sachs on his resume, and has only been in the TikTok job since May 2021.Chew’s low-key online presence is reflective of his public profile. In the two years since becoming CEO, Chew remained relatively quiet even as TikTok was thrust into the spotlight. Save for select interviews he operates largely in the background, staying under the radar as the company promises regulators increased transparency. There’s a lot riding on Chew’s first congressional appearance, which might explain why, in recent months, he’s been on a publicity tour. In addition to various interviews, Chew has been quietly meeting with lawmakers as he gears up for his testimony before the House Energy and Commerce Committee.Chew has also worked to mobilize the platform’s US user base. In a video posted to the TikTok main account, Chew warned that “some politicians” could take the app away from “all 150 million of you” and asked people to share what they love about using the video-sharing service in the comments.Over the past year, the company has attempted to address some lawmakers’ concerns about both data security and teen mental health. TikTok says it spent more than $1.5bn on security efforts and started the process of deleting the US user data that was backed up to its storage centers in Virginia and Singapore after it started routing all US traffic through Oracle-owned servers in the US. The company also recently announced it was limiting screen time for its under-18 users to one hour.But it’s unclear how much he stands to change lawmakers’ minds, especially as bipartisan efforts to appear tough on China gain momentum, making it difficult for him to find allies in either party.Regulatory pressure growsBy the time Chew took over in May 2021, he had his work cut out for him. The now seven-year-old company had already gone through two CEOs in just one year – Kevin Mayer, who ran the company for three months, and Vanessa Pappas, who served as a temporary global head before Chew replaced her. TikTok was seeing explosive growth, boasting 150 million users just in the US, but also increased regulatory pressure over potential ties to the Chinese government.Though Chew has not formally worked at TikTok for very long, he has been involved with its parent company since its early days. Chew was an early investor in ByteDance, founded in 2012, before it began to develop short-form video apps, according to an interview with David Rubenstein, the founder of private investment firm and ByteDance investor the Carlyle Group.Chew, whose promotion to CEO landed him a spot on Fortune’s 40 under 40 list in 2021, joined the ranks of tech executives like Mark Zuckerberg and Elon Musk at a time when people in those roles, once the subject of unadulterated adoration and hero worship, had become the subject of ire and disillusionment.While his lack of public persona may have largely saved him from personal scrutiny, it could hinder his attempts at making inroads among lawmakers and members of the public who have become wary of Chinese surveillance.“The mystery of ByteDance and TikTok and the uncertainty around whether they are doing anything that’s unscrupulous is part of the problem,” said Matt Navarra, a social media consultant and founder of the industry newsletter and podcast Geekout. “So [Chew’s] lack of profile and lack of awareness of who he is may be a blessing, but also it might be a downfall given people want to understand TikTok and ByteDance to understand what the level of risk is.”Within months of joining, Chew started working to combat those concerns. In June 2021, Chew wrote a letter to lawmakers, reiterating the company’s commitment to transparency and emphasizing the company was run by him, “a Singaporean based in Singapore” and not China-based ByteDance.Nearly two years later, those conversations appear to have deteriorated, and even appeals to individual lawmakers have not assuaged fears.Senator Michael Bennet, a Democrat of Colorado who called on Apple and Google to remove TikTok from their app stores in February, met with Chew last month but said he was still worried about the national security risks of the app and the “poisonous influence of TikTok’s algorithms on teen mental health”.“Mr Chew and I had a frank conversation,” Bennet said in a statement. “But I remain fundamentally concerned that TikTok, as a Chinese-owned company, is subject to dictates from the Chinese Communist party and poses an unacceptable risk to US national security.”Into the hot seatIt’s not the first time US lawmakers have grilled TikTok, but it will be Chew’s first time in the hot seat. In September 2022, battling national security concerns over whether ByteDance may be giving the Chinese government access to US user data, TikTok’s chief operating officer Vanessa Pappas testified in front of the Senate Committee on Homeland Security and Governmental Affairs, contending there is no basis for concern and that TikTok is working to minimize how much data non-US employees can access.Chew, who once interned at Facebook, has echoed the same sentiment since he started at TikTok: the company is not beholden to the Chinese government. “TikTok has never shared … US user data with the Chinese government. Nor would TikTok honor such a request if one were ever made,” Chew will say on Thursday, according to written testimony posted ahead of the hearing.In the past, Chew has pointed out that while ByteDance is based in China, TikTok itself is not available for download in China and all US user data is stored in Virginia with a backup in Singapore.Though the US government has offered no evidence that the Chinese government has accessed user data from TikTok, their concerns about the security of consumer information in the hands of the company aren’t unfounded. ByteDance employees have reportedly accessed US user data, and the Department of Justice and the FBI have launched an investigation into allegations that some ByteDance employees had obtained TikTok user data to investigate the source of leaks to US journalists.Several civil liberties and privacy advocates argue banning TikTok would amount to censorship, and that concerns over data security would be best addressed through a federal privacy regulation that limits how much user data all tech companies can collect and share with government agencies and third parties. The argument appears to have fallen flat and industry experts appear skeptical there is much Chew could say to assuage lawmakers’ concerns.“It’ll be interesting to see how believable and authentic he comes across or how rehearsed those answers [to Congress] are,” Navarra said. “I think that TikTok has to come in and tell these lawmakers something they haven’t already heard. Because if they don’t then the likelihood of banning is certainly gonna increase.” More

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    Six urgent questions TikTok’s CEO needs to answer for US lawmakers

    TikTok’s chief executive, Shou Zi Chew, will be questioned by lawmakers in Washington on Thursday with the app’s US future in severe doubt. The Biden administration wants TikTok’s Chinese owners to sell their stakes in the business or face a complete ban in the US. TikTok is owned by Beijing-based ByteDance.TikTok says such a move would not “solve the problem”. Under a plan dubbed Project Texas, which the White House now appears to have rejected, TikTok is moving its US user data to third party servers and is allowing its source code to be scrutinised by Oracle, a US tech firm which will also vet its app updates.For the White House and many US lawmakers, this does not go far enough to answer concerns about whether TikTok’s data, from more than 1 billion users, can be accessed by the Chinese state and whether TikTok’s recommendation algorithm could be manipulated by the security services in order to influence what users see.Here are some the questions that Chew, a Singaporean former Goldman Sachs banker, could be asked at the House energy and commerce committee hearing, which starts at 10am ET Thursday.Has the Chinese government ever sought to access TikTok user data?The regular answer to this question by TikTok is no. “TikTok has never shared, or received a request to share, US user data with the Chinese government. Nor would TikTok honor such a request,” Chew will say on Thursday, according to written testimony released by the committee. Indeed, the energy and commerce committee’s press release states that as well as asking Chew about TikTok’s privacy and data security practices, it will ask him about TikTok’s “relationship with the Chinese Communist Party”.Suspicions about the use of TikTok data, which critics say could be used to create profiles of people of interest like government employees, centre on Chinese security laws. These include the National Intelligence Law of 2017, which states that all organisations and citizens shall “support, assist and cooperate” with national intelligence efforts. The shooting down of a Chinese spy balloon off the east coast of the US in February has not helped. Trust was also severely damaged last year by revelations that ByteDance employees had used TikTok to spy on reporters.Will TikTok shed its Chinese ownership?TikTok says the Biden administration has asked its Chinese owners to sell their stakes in the business. TikTok is owned by ByteDance, which is located in Beijing and its ownership is divided as such: 60% by external investors including KKR, the US private equity firm; 20% by employees and 20% by its founders, Zhang Yiming and Liang Rubo, who carry stronger voting rights than the other shareholders.TikTok points to the fact that its US user data is stored on Oracle servers but the only option now appears to be a sale, which could raise around $50bn. However, the Chinese government could object to a deal that would put a prized tech asset in foreign hands, including TikTok’s successful recommendation algorithm. When Donald Trump tried to ban TikTok, and sell control of its US operation, he was stymied by legal action brought by the app and we can expect any renewed attempt at a ban to end up in court.Can the Toutiao app interfere with TikTok data flows?A former TikTok risk manager turned whistleblower has told congressional investigators that the Project Texas plan is deeply flawed. The former employee has shown the Washington Post a piece of code that shows TikTok could connect with systems linked to Toutiao, a Chinese news app owned by ByteDance. The whistleblower claims this could allow for interference in the flow of data from US users. TikTok says the Toutiao code does not link back to China.The whistleblower claims he was fired after warning Chew in a letter that senior TikTok managers were “intentionally lying” to US government officials about how the Project Texas controls had been tested and verified.Are US data controls much weaker than the company says they are?Another TikTok whistleblower has told the office of Republican senator Josh Hawley that TikTok’s access controls on US user data are much weaker than the company says. According to a report by Axios, the whistleblower allegations suggest that TikTok overstates its separation from ByteDance and uses Chinese software that could have backdoors. In a letter to the US treasury secretary Janet Yellen, Hawley details the whistleblower allegations including a claim that TikTok and ByteDance employees can switch between Chinese and US data at the click of a button.TikTok says the whistleblower allegations describes tools that are “primarily analytic tools” that don’t independently grant direct access to data. It adds that neither TikTok nor ByteDance engineers have access to US user data stored by Oracle.Can Project Texas answer lawmakers’ concerns about TikTok?The committee on foreign investment in the US, a multiagency task force that scrutinises foreign investments in American companies, is so unconvinced by the Texas proposals that it has demanded TikTok shed its Chinese ownership. But aside from taking the Biden administration to court, it is the only option that TikTok has. Alongside Oracle storing US user data, the Texas proposals include Oracle looking at TikTok’s source code and vetting its app updates, Chew will argue that Project Texas, and not a sale process, is the answer to lawmakers’ concerns.“The idea behind Project Texas is it won’t matter what the Chinese law or any law says, because we’re taking US user data and we’re putting it out of their reach,” Chew told the Wall Street Journal last week.What is TikTok doing to protect children from harmful content?The committee chair, Cathy McMorris Rodgers, says tech companies like TikTok use “harmful algorithms to exploit children for profit and expose them to dangerous content online”. So although data security will feature strongly in the hearing, expect questions about the protection of children online. TikTok has over 1 billion users worldwide and more than 100 million in the US, many of them under 18. According to the Center for Countering Digital Hate, TikTok’s recommendation algorithm pushes self-harm and eating disorder content to teenagers within minutes of them expressing interest in the topics.TikTok announced a “comprehensive” update to its content guidelines this month, including placing age restrictions on “mature content” such as videos of cosmetic surgery. It will also make content that is inappropriate for a “broader audience” ineligible for recommendation in its main For You feed. Expect Chew to refer to these guideline updates. More

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    The TikTok wars – why the US and China are feuding over the app

    TikTok is once again fending off claims that its Chinese parent company, ByteDance, would share user data from its popular video-sharing app with the Chinese government, or push propaganda and misinformation on its behalf.China’s foreign ministry on Wednesday accused the US itself of spreading disinformation about TikTok’s potential security risks following a report in the Wall Street Journal that the committee on foreign investment in the US – part of the treasury department – was threatening a US ban on the app unless its Chinese owners divest their stake.So are the data security risks real? And should users be worried that the TikTok app will be wiped off their phones?Here’s what to know:What are the concerns about TikTok?Both the FBI and the Federal Communications Commission have warned that ByteDance could share TikTok user data – such as browsing history, location and biometric identifiers – with China’s authoritarian government.A law implemented by China in 2017 requires companies to give the government any personal data relevant to the country’s national security. There’s no evidence that TikTok has turned over such data, but fears abound due to the vast amount of user data it, like other social media companies, collects.Concerns around TikTok were heightened in December when ByteDance said it fired four employees who accessed data on two journalists from BuzzFeed News and the Financial Times while attempting to track down the source of a leaked report about the company. Just last week, the director of the FBI, Christopher Wray, told the Senate intelligence committee that TikTok “screams” of national security concerns and that China could also manipulate the algorithm to perpetuate misinformation.“This is a tool that is ultimately within the control of the Chinese government, and to me, it screams out with national security concerns,” Wray said.How is the US responding?White House national security council spokesperson John Kirby declined to comment when asked on Thursday to address the Chinese foreign ministry’s comments about TikTok, citing the review being conducted by the committee on foreign investment.Kirby also could not confirm that the administration sent TikTok a letter warning that the US government may ban the application if its Chinese owners don’t sell its stake but added, “we have legitimate national security concerns with respect to data integrity that we need to observe.”In 2020, then president Donald Trump and his administration sought to force ByteDance to sell off its US assets and ban TikTok from app stores. Courts blocked the effort, and President Joe Biden rescinded Trump’s orders but directed an in-depth study of the issue. A planned sale of TikTok’s US assets was also shelved as the Biden administration negotiated a deal with the app that would address some of the national security concerns.In Congress, US senators Richard Blumenthal and Jerry Moran, a Democrat and a Republican, respectively, wrote a letter in February to the treasury secretary, Janet Yellen, urging the committee on foreign investment panel, which she chairs, to “swiftly conclude its investigation and impose strict structural restrictions” between TikTok’s US operations and ByteDance, including potentially separating the companies.At the same time, lawmakers have introduced measures that would expand the Biden administration’s authority to enact a national ban on TikTok. The White House has already backed a Senate proposal that has bipartisan support.How has TikTok already been restricted?On Thursday, British authorities said they are banning TikTok on government-issued phones on security grounds, after similar moves by the EU’s executive branch, which temporarily banned TikTok from employee phones. Denmark and Canada have also announced efforts to block the app on government-issued phones.Last month, the White House said it would give US federal agencies 30 days to delete TikTok from all government-issued mobile devices. Congress, the US armed forces and more than half of US states had already banned the app on official devices.What does TikTok say?TikTok spokesperson Maureen Shanahan said the company was already answering security concerns through “transparent, US-based protection of US user data and systems, with robust third-party monitoring, vetting, and verification”.In June, TikTok said it would route all data from US users to servers controlled by Oracle, the Silicon Valley company it chose as its US tech partner in 2020 in an effort to avoid a nationwide ban. But it is storing backups of the data in its own servers in the US and Singapore. The company said it expects to delete US user data from its own servers, but it has not provided a timeline as to when that would occur.TikTok CEO Shou Zi Chew is will testify next week before the House energy and commerce committee about the company’s privacy and data-security practices, as well as its relationship with the Chinese government. In the lead-up to the hearing, Chew has quietly met with several lawmakers – some of whom remain unmoved by their conversation with the 40-year-old executive.After convening with Chew in February, Senator Michael Bennet, a Democrat from Colorado who previously called on Apple and Google to remove TikTok from their app stores, said he remained “fundamentally concerned that TikTok, as a Chinese-owned company, is subject to dictates from the Chinese Communist party”.Meanwhile, TikTok’s parent company, ByteDance, has been trying to position itself as more of an international company – and less of a Chinese company that was founded in Beijing in 2012 by its current chief executive, Liang Rubo, and others.Theo Bertram, TikTok’s vice-president of policy in Europe, said in a tweet on Thursday that ByteDance “is not a Chinese company”. Bertram said its ownership consists of 60% global investors, 20% employees and 20% founders. Its leaders are based in cities such as Singapore, New York, Beijing and other metropolitan areas.Are the security risks legitimate?It depends on whom you ask.Some tech privacy advocates say that while the potential abuse of privacy by the Chinese government is concerning, other tech companies have data-harvesting business practices that also exploit user information.“If policymakers want to protect Americans from surveillance, they should advocate for a basic privacy law that bans all companies from collecting so much sensitive data about us in the first place, rather than engaging in what amounts to xenophobic showboating that does exactly nothing to protect anyone,” said Evan Greer, director of the nonprofit advocacy group Fight for the Future.Karim Farhat, a researcher with the Internet Governance Project at Georgia Tech, said a TikTok sale would be “completely irrelevant to any of the alleged ‘national security’ threats” and go against “every free market principle and norm” of the state department’s internet freedom principles.Others say there is legitimate reason for concern.People who use TikTok might think they’re not doing anything that would be of interest to a foreign government, but that’s not always the case, said Anton Dahbura, executive director of the Johns Hopkins University Information Security Institute. Important information about the US is not strictly limited to nuclear power plants or military facilities; it extends to other sectors, such as food processing, the finance industry and universities, Dahbura said.Is there precedence for banning tech companies?Last year, the US banned the sale of communications equipment made by Chinese companies Huawei and ZTE, citing risks to national security. But banning the sale of items could be more easily done than banning an app, which is accessed through the web.Such a move might also go to the courts on grounds that it could violate the first amendment as some civil liberties groups have argued. More