- Justice Department files in federal appeals court, warning of covert influence by Chinese government through TikTok.
- Prosecutors argue TikTok’s algorithm could be manipulated to sway American political views and elections.
OUR TAKE
The Justice Department’s filing highlights serious concerns over national security and the potential for foreign interference in US elections through social media platforms. As TikTok battles to remain operational in the US, the outcome of this legal struggle could set significant precedents for tech companies with foreign ties.
— Zoey Zhu, BTW reporter
What happened
The US Justice Department has raised alarms about TikTok’s potential to allow the Chinese government to influence US elections covertly. In a federal appeals court filing late Friday, prosecutors voiced concerns that TikTok’s algorithm could be utilised in a “secret manipulation” campaign aimed at influencing American public opinion for Chinese interests. Prosecutors highlighted that such influence could illicitly interfere with the US political system, including elections.
The filing responds to TikTok’s federal lawsuit against the US government, filed in May, which seeks to block a law that could lead to a nationwide ban of the app. This law, signed by President Joe Biden in April, mandates TikTok to find a new owner by mid-January 2025 or face a complete ban in the US.
This is the first response from the federal government to TikTok’s lawsuit, which claims that the law is unconstitutional as it infringes on free speech rights and prevents Americans from accessing lawful information. TikTok’s attorneys argued that the law unfairly targets a single platform and restricts millions of Americans from participating in a global online community.
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Why it’s important
The Justice Department’s concerns highlight national security risks posed by foreign-owned tech companies like TikTok in the US. The possibility of the Chinese government using TikTok for covert manipulation poses a threat to US political integrity. This legal battle may determine if national security concerns can override the First Amendment rights of TikTok’s 170 million US users.
The DOJ argues that TikTok misapplies the First Amendment, emphasising that the statute addresses unique national security concerns tied to TikTok’s Chinese ownership rather than suppressing speech. They suggest ByteDance, TikTok’s parent company, could sell the app to an American affiliate to continue operations without interruption.
Senior Justice Department officials worry about the PRC’s potential to exploit technology by forcing companies to provide sensitive data, compounded by PRC laws requiring data handover. TikTok’s collection of sensitive user data, including locations, viewing habits, and private messages, raises serious security concerns, especially for users who may become government employees.
The DOJ’s stance reflects growing apprehension about the influence of foreign-owned tech platforms on US politics and national security.
