By: Emily Gross
TikTok was first introduced in China in September of 2016. In 2018, it was the most downloaded app, and as of 2022 TikTok had over 3 billion downloads and over 1 billion active users every month. I first heard about TikTok sometime in early 2020, when a co-worker mentioned the app and its addictive qualities to me. At first, I brushed him off and told him I didn’t need another app to crave, but now over four years later the app is a part of my everyday life.
It was March of 2020, when the pandemic first hit that TikTok became unavoidable to me and much needed to help pass my time. And I wasn’t alone – in the first quarter of 2020, TikTok “generated the most downloads for any app ever in a quarter, accumulating more than 315 million installs across the App Store and Google Play.” This surge in popularity was fueled by a perfect storm of factors, including widespread lockdowns, increased screen time, and a hunger for entertainment and community in the face of social distancing measures. For many, TikTok offered a welcome respite from the bleakness of the pandemic, providing a platform for self-expression, humor, and connection in an otherwise isolating time.
However, TikTok’s rise to mass global popularity was not without its challenges. Almost as quickly as it rose to fame, the platform found itself embroiled in controversy with concerns over national security and data privacy at the forefront. As tensions between the U.S. and China intensified, so too did suspicions surrounding TikTok’s Chinese parent company, ByteDance, and its handling of user data. And now, “TikTok once again finds itself in a precarious position as lawmakers in Washington move forward with a bill that could lead to a nationwide ban on the platform.”
The culmination of these concerns came with the introduction of legislative measures aimed at curbing the influence of foreign-controlled applications in the United States. Namely, HR 7521, also known as the Protecting Americans from Foreign Adversary Controlled Applications Act, represents a significant milestone in this regard. In short, the Act “prohibits distributing, maintaining, or providing internet hosting services for a foreign adversary controlled application.”
Under the provisions of HR 7521, ByteDance, TikTok’s parent company, is faced with a choice: either sell its ownership of TikTok to a non-foreign entity or risk facing an outright ban on the platform within the United States. At the heart of these legislative efforts lies a profound concern over the potential exploitation of user data by foreign governments, particularly the Chinese government, which is widely perceived as exerting significant influence over Chinese corporations.
If successful, the United States wouldn’t be the first country to ban the app. In June of 2020, India banned TikTok “citing national security concerns after a military clash with China…” At the time, India had over 200 million TikTok users. In India, the app encouraged users to share their creativity and allowed many to make profits from the content they created. But the ban left India’s multitude of TikTok users without this outlet. Since its ban, other apps have filled the void. Apps such as Instagram and YouTube have launched new features aimed at meeting the needs of former TikTok users in India.
The proposed ban on TikTok in the United States raises complex questions about the scope of governmental authority to regulate digital platforms. While the government undoubtedly has a legitimate interest in protecting national security and safeguarding sensitive user data, any measures taken to achieve these objectives must be carefully tailored to avoid infringing upon constitutionally protected rights.
One avenue for challenging the legality of a TikTok ban in the United States is through claims that it violates the First Amendment right to freedom of speech. The ACLU has argued that a TikTok ban infringes on users’ constitutional right to free speech because so many people rely on it for information, communication, advocacy, and entertainment. Additionally, concerns have been raised about the potential discriminatory impact of a TikTok ban, particularly on marginalized communities who have found a voice and a platform for expression on the app. “Some creators describe [TikTok] as a digital equalizer of sorts, providing a platform for people of color and other marginalized groups to get opportunities and exposure.”
In conclusion, the proposed ban of TikTok in the United States represents a meaningful moment in the ongoing debate over the regulation of digital platforms and the balance between national security concerns and individual freedoms. While legitimate concerns exist about the potential exploitation of user data by foreign governments, any measures taken to address these concerns must be carefully weighed against the constitutional rights of TikTok users and the broader implications for free expression in the digital age. As policymakers grapple with these complex issues, it is important that they strike a delicate balance that protects both national security and fundamental liberties, ensuring that the digital landscape remains open, vibrant, and inclusive for all.
