Should TikTok be banned in the US?
Clearly, TikTok’s executives would have you believe that there is no risk when using TikTok. Is there a national security risk, though? Yes. Let’s explore.
Bytedance
TikTok is presently owned by Bytedance. Bytedance’s company headquarters are located at Room 10A Building 2 No. 48 Zhichun Road, Haidian District, Beijing China. We also need to understand that businesses operating in Beijing China operate under Chinese law (such that it is). What that means for TikTok is that in order for this company to operate within China, it must always abide by China’s rules and regulations including spurious Chinese government requirements and mandates both existing and instantaneously required by the government.
For example, if Xi Jinping decides that Bytedance must turn over all information it has acquired to the Chinese government, Bytedance must comply or face the possibility of China pulling its licenses to operate its business in mainland China.
On the one hand, you have the TikTok CEO Shou Chew claiming that TikTok’s user data is safe. On the other hand, you have China’s government which can instantly require (i.e., force) Bytedance (or any Chinese based company) to hand over its data or face the loss of operating a business in China. Because China is a communist government, whatever China wants, China gets. Meaning, TikTok can absolutely make no assurances that user data is truly safe while Bytedance remains under China’s overreaching communist government authority. The rule of law only applies in China when the Chinese government WANTS it to apply, a key takeaway here. Internationally, China’s government does whatever it wants under the guise of appearing to support the rule of law.
Oracle Cloud
TikTok’s CEO has assured congress that it could move its data to within the Oracle cloud environment. While moving TikTok’s data storage to a United States owned business might sound great on paper, in reality it means nothing. Data stored in the US can STILL be easily exported, backed up, copied and recovered to computer equipment which resides in China. In fact, it would be entirely surprising if TikTok didn’t keep live backup copies of all user data somewhere on Chinese servers.
In other words, the CEO’s statements about using data storage on US shores as a “protection scheme” rings hollow. It’s far too easy to create copies of data and put it anywhere you want. It’s also guaranteed that if the Chinese government were to mandate that Bytedance turn over all relevant data to the Chinese government, TikTok would be forced to comply with those orders or face China’s government retaliation. In this case, not only can Bytedance not protect user data, they would have to appear completely willing to hand it over to the government instantly. Why? Because of Bytedance’s allegiance to China and not the United States… and because if TikTok doesn’t, China will close them down.
Allegiance
This word denotes a whole lot of things all at once. However, the most important thing this word signifies is what happens if China requests something from Bytedance and they refuse? A US based company protects all data of its users under the laws of the United States. If there were a subpoena by law enforcement issued for that data, a US based company would either have to comply with the subpoena or file an objection to quash the subpoena under specific grounds. In China, such avenues of refusal don’t necessarily work.
Because the United States is, at least thus far, based on the rule of law, the government would be required to allow an objection to funnel through the court processes before requiring the company to turn over whatever data is required by that subpoena. Even then, it would only be required if the court upheld the subpoena instead of siding with the appeal.
On the flip side, because China is a communist operated government, businesses operate under the whims of the Chinese government, which is not always based on the rule of law. While China does put up appearances suggesting that rule of law exists, the realities within China don’t always match that “rule of law” narrative. Meaning, China’s rule of law facade is just that, a facade.
For this reason, Bytedance’s allegiance must remain with China and never with the United States. The only reason Bytedance can operate within the US borders is because the United States, at present, allows it. But, that may be changing…
Is My Data Safe with TikTok?
The short answer is, no. Why? Because Bytedance’s allegiance remains solely with China because that’s where its business is incorporated. Regardless of what the executives of Bytedance may claim, that Chinese allegiance means that if Xi Jingping requires Bytedance to turn over all user data to China’s government about TikTok users, Bytedance must comply… and with no questions asked.
It doesn’t work like this if Bytedance were a company owned and operated within the United States. Rule of law actually matters in the United States where in China it only appears to matter, but doesn’t actually matter when the Chinese government wants what it wants.
What’s Wrong with China Knowing About Me?
If you don’t live in China or plan to visit, it might not matter that much. However, if you were ever to visit China, what you post on TikTok might be considered a legal offense in China and could see you legally apprehended, detained and/or jailed.
In other words, if you intend to post on TikTok and you have said or done anything that China takes offense to, you could become wanted in China. That’s a fairly extreme outcome, but China takes offense easily to many things and it takes those offenses seriously… so why poke that bull if you don’t have to?
Should I use TikTok? — Should I allow my kids to use TikTok?
If you value your family’s privacy, no. YouTube and Facebook both offer similar enough video sharing features to more than make up for TikTok’s functionality. Both YouTube and Facebook are US based companies not under the Chinese government’s thumb. Why risk potentially losing your (or your child’s) personal data to China needlessly when you don’t have to?
This author definitely recommends avoiding the use of TikTok entirely. There’s really no reason to risk losing your family’s personal data to China over the use of a silly video sharing platform… a platform that already exists on YouTube and via other US operated companies.
Creators
The argument on not banning TikTok seems to stem mainly from both the TikTok executives (naturally) and from TikTok’s creators. Ignoring TikTok’s weak executive arguments for the moment, let’s focus on TikTok creators. While I agree that many creators may not have understood the ramifications of investing their creative efforts and skills into a platform of questionable origin, unfortunately they have. What that means is that a ban on TikTok in the US means that these creators must lose the audiences they have worked to gain. I get it, but that’s not reason enough.
For creators, this is a problem. However, it’s relatively simple for creators to ask their audience to move with them to a new platform. If a creator’s audience is truly committed to that creator’s content, most (if not all) of that audience should will be willing to move to any other platform that that creator may choose to use. A simple video which requests fans to sign up for and move to a new platform shouldn’t be a big deal.
If you’re a TikTok creator considering that you may lose your ability to create on the TikTok platform, you should definitely consider a movement plan to another platform. Whether that be YouTube, Instagram, Snapchat or any other short video sharing platform, moving away from TikTok is the key. You shouldn’t remain complacent and simply assume a ban won’t happen. You should take action now and, yes, complain if you like, but you should also prepare to move your fans and content to another platform. Don’t wait, take action now!
Creator arguments about engagement or loss of revenue or any other such arguments are simply not strong enough arguments to sway regulators away from the above China data sharing problem. There are too many other platforms owned and operated by US companies for such creator arguments to hold any weight at all. Simply, they don’t. This is why creators need to be proactive and take steps to plan to move both your fanbase and content to another platform now. Don’t sit on your hands and think it won’t happen. Plan ahead.
TikTok Audience versus TikTok CEO
While creators make up a relatively small portion of TikTok users, they are the ones responsible for bringing in the viewers. Still, having an audience is not an argument to keep TikTok from being banned. It’s not whether TikTok offers a valuable video sharing service, it’s that a Chinese based company manages TikTok’s data and always remains at the whims of China.
The CEO has stated that TikTok is beholden to no country, but that’s simply not a true statement. That statement cannot possibly be true. Every company must go into business under some country. Every country has laws and requirements for businesses to remain in business within that country. Bytedance incorporated its business within China. That means that Bytedance is beholden to China’s laws and regulations, no matter how, when or why they might appear. Because China’s government only appears to abide by its written laws and regulations, it only does so when it is convenient to the Chinese government. When it’s not convenient, new laws instantly come into being to cover whatever “thing” China is trying to make happen.
Instant laws don’t occur in the United States. It takes time, effort and lots of congressional or state legislator bickering and months of wrangling before a new law can come to exist. Most new laws require ballot measures to be voted on by the population, something that China doesn’t offer to its citizens.
What this all means is that TikTok’s CEO can say whatever he wants, but the realities of the way China operates remains. If Mr. Chew is so willing to lie about Bytedance’s allegiance to China, what else is Mr. Chew lying about? Lying to congressional members really doesn’t say great things about Bytedance or TikTok.
Should TikTok be banned in the United States?
We’ve come full circle from the beginning of this article. After all the above arguments are considered, I’d say that it is most definitely worth banning TikTok (and any other Chinese based apps) from the app stores. This situation shouldn’t be limited to TikTok. TikTok is simply so visible because it’s now used by more people than, in some cases, YouTube. The shear audience sizes alone for some TikTok creators means ever more and more people are signing up to use the service. Many of these new users are children (aged 17 and younger).
Children are unable to comprehend what sharing of personal data to China really means. They just see silly videos, but have no idea what information TikTok may be collecting while these children use TikTok.
Additionally, because Bytedance is a Chinese operated company, it doesn’t have to abide by federal regulations like COPPA. TikTok might choose to voluntarily comply (or simply put up a facade of doing so) as a measure of apparent goodwill. However internally, it may not at all comply with COPPA because it doesn’t have to. Because the TikTok company exists and operates outside of the US’s borders, United States federal laws don’t apply and cannot be enforced upon TikTok. This aspect right here is the single biggest elephant in the room and the single biggest reason why TikTok should be banned.
Without the federal regulations to help protect US citizens from nefarious or malicious use of data collected, Bytedance can literally do almost anything to non-Chinese citizens without any legal ramifications by the United States. Even if the United States were to try and bring suit, China wouldn’t allow it. This situation alone is why TikTok (and other Chinese operated services) should not be allowed to operate within the United States. TikTok is literally one Chinese company among many taking advantage of its Chinese locale to avoid being held accountable to United States laws.
The United States has every right to protect its citizens from unlawful interference by other countries. TikTok is one among many companies where this reality now exists, not just companies located in China. The United States legislators need to take a step back and really think long and hard about (the lack of) legislation around companies operating in countries which are mostly unfriendly to the United States.
China only tolerates the United States at this point because of the buying power the United States offers. Other than buying power, that’s where China’s civility with the US ends. China (and a Chinese operated company) doesn’t care how many people in the United States die, get maimed or get injured as a result of products made in China. The same can be said of services like TikTok. Anyone who legitimately believes that the TikTok CEO legitimately cares about United States citizens, other than for their wallets and the almighty dollar, is clearly deluded.
Yes, TikTok should be banned, along with every other app-based service operated out of unfriendly territories around the globe.
First Amendment?
Some have claimed that the First Amendment will be violated by banning TikTok. Let’s definitively state here and now that there is no First Amendment problem at play. Because TikTok is a Chinese company wholly operating out of China, Constitutional laws don’t apply to TikTok. The executives who operate TikTok aren’t United States citizens.
Even though there are United States users using the service as creators and viewers, the service itself is not bound by the United States Constitution. In effect, by you as a user choosing to invest your time and effort into putting your videos onto a wholly owned Chinese entity, you’ve effectively forfeited your right to First Amendment protections.
While some First Amendment advocates might disagree with the above stance, one thing is certain, the United States Constitution does not apply to non-US citizens… which would include any and all executives and staff who were hired and operate out of Bejing China. While it is possible that Bytedance has hired some United States citizens to help operate its service globally, that doesn’t wholly, suddenly or automatically then make Bytedance as a company bound by the United States Constitution.
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Can Trump actually ban TikTok?
There are two sides to this question. Let’s explore both sides.
Technological Ban
Could TikTok actually be technologically stopped from working? Yes, and to be honest, it wouldn’t take that much effort, though it will take some time. Let’s explore how this works.
Domain Name Service (DNS)
DNS is a fundamental internet service that maps Internet names, like google.com, into an IP address, like 8.8.8.8 (which is Google’s DNS server IP address, actually). When you type in a name into the address bar of your browser, DNS converts that name into a numeric IP which is how your browser then connects to and serves you (and your browser) that web content.
This same system applies to all apps including apps like TikTok. When you launch an app on your phone, the app then uses DNS to resolve its service into an IP address which then connects to, for example, TikTok’s servers to begin serving you (and the app) its content.
DNS is the Achilles heel of the internet. It is both a cornerstone and a single point of failure. If DNS fails, then apps fail to connect to their required services.
This is the first touch point where Donald Trump could target. Donald Trump can mandate that the registrar who operates the domain tiktok.com drop serving DNS for this domain… assuming it operates within the United States (hint, it doesn’t).
Further, the secondary non-authoritative DNS system (those servers operated by your ISP or phone provider) relies on caching (or temporary memory storage with expiration timers). So long as the timer hasn’t reached zero, DNS will continue to serve content for that domain based on what’s in the cache rather than asking the authority each time (much faster performance). However, most domains have, at most, a 24 hour countdown timer on cached data. At the end of that 24 hour period, the cached data must be renewed into the cache. If the registrar has disabled DNS resolution for a domain, the cache will fail to renew and the service will go offline.
What that means is that as caches around the Internet slowly expire after the domain registrar has pulled the DNS plug, TikTok will stop working.
The difficulty with this request is which registrar handles this domain. It appears that the tiktok.com domain is operated by the registrar ename.com. Visiting the ename.com registrar’s domain shows that it’s written in Chinese. Since this domain and its IP space is registered and operated outside of the United States, Trump may find it hard to get the registrar to do anything for him.
Even still, Trump could request (via executive order) U.S. based Internet Service Providers to block the tiktok.com domain from being served within U.S. bordered DNS servers. See ISP blocking below for more on this.
App Store
Donald Trump can further request both Apple and Google to remove the TikTok app from each respective app store. This action doesn’t stop the app from working for those who have downloaded it already, but it does stop new users from downloading it. It also means no more app updates for this app.
When Apple or Google release a new operating system update, they can then stop the app from working entirely. In fact, these OS creators could, in fact, wipe the app from any remaining devices with it still installed. However, they can also simply block the app from launching. However, this part can only work if Apple and Google release updates that explicitly perform this operation and that both of these companies agree to doing this in the first place.
Internet Service Provider (ISP) Blocking
The third avenue that Trump can seek requires ISPs to block network access to TikTok’s servers within the United States. This requires contacting and requesting this action of many ISPs all throughout the United States, including all phone carriers like AT&T, Verizon, T-Mobile and Sprint. This is a long tail request and could take weeks to see roll out. This one also has a low probability for success as ISPs are notorious for not wanting to be told what to do or how to run their networks. This particular request is not one that will work quickly or, indeed, at all in some cases… until the DOJ brings action against ISPs that refuse to comply.
In addition to blocking access at the network level, he can also request DNS blocking for the tiktok.com domain within United States DNS servers operated by ISPs. Basically, an ISP double whammy… assuming ISPs agree (or are forced to agree) to these terms.
App remains functional?
For a time after Donald Trump requests DNS and network IP blocking, the app could remain functional on devices that have it downloaded. Why? Because DNS has up to several day caching in combination with the fact that network IP blocking can be circumvented by the use of a VPN. Though, exactly how many kids are going to run out and buy a VPN service just to use TikTok is unknown.
If Donald Trump can get all four actions lined up (the first three at least) as follows:
- App removal
- IP network blocking
- DNS blocking at the registrar
- Secondary DNS blocking within U.S. ISPs
Then, the app may stop working as early as 24 hours for many and for as long as a week for outliers. It is also dependent on how long it takes for each of these steps to be completed. Some companies require long convoluted internal processes and testing to avoid inadvertent screw ups before changes are allowed to proceed.
All of these technical measures are ALL doable. They will all work IF everyone complies (and that’s a tall order).
The most damaging of these four banning steps is seeing Tiktok removed from the app store. If Trump can get the app removed from the stores, this cripples TikTok’s ability to gain new users. That means that for a time, users who have already downloaded the app can continue to use it. But, as they buy new phones, restore their phones before it was installed or if they accidentally delete the app, the app is gone forever. No more TikTok on that phone device.
Removal from the app store also means no more updates. As Apple and Google roll out OS updates, they can invalidate TikTok’s functionality. An OS update can see a small banner pop up that says something similar to “This app is no longer compatible with this device” and prevent it from launching. The only option the user has at that point is to delete the app and move onto something else. If you can’t launch the app, then it’s useless.
This step, by far, is the simplest step to banning an app. It only requires two touch points: Apple and Google. That also assumes that both Apple and Google would be willing participants in this action. They may not. If they choose to challenge Trump’s legal authority to request such actions.. that leads me into the second half of this article.
Legal Authority
I guess the biggest question on people’s mind is, “Does Donald Trump have the authority to ban an app like TikTok within the US?” The short answer is, “I’m not sure”. Trump’s executive authority powers do allow him to write and execute executive orders.
Wikipedia states of Presidential Executive Orders:
Article Two of the United States Constitution gives the president broad executive and enforcement authority to use their discretion to determine how to enforce the law or to otherwise manage the resources and staff of the executive branch. The ability to make such orders is also based on express or implied Acts of Congress that delegate to the President some degree of discretionary power (delegated legislation).
the Wikipedia article further goes on to state:
Like both legislative statutes and regulations promulgated by government agencies, executive orders are subject to judicial review and may be overturned if the orders lack support by statute or the Constitution.
That means that an Executive Order can be challenged via judicial review and may be overturned if unconstitutional or lacks support by statute. And, lacking support by statute may be Trump’s biggest hurdle.
However, the Patriot Act gives the government and, in general, the President broad powers with regards to national security. If he deems TikTok a threat to national security and deems it illegal surveillance, it may invoke clauses under the Patriot Act which would allow him to write an Executive Order supported by the Patriot Act.
Yes, this is all convoluted and tenuously threaded, but it may have enough binding weight to hold together under scrutiny via judicial review.
That’s not say that TikTok is in any way performing surveillance via its app. But, seeing that it was an app developed in China, it is entirely possible that it does contain illegal surveillance mechanisms, otherwise known as spyware.
TikTok as an App
TikTok may seem an innocuous app on the surface. You use it to create a funny small video clippets (ha, just coined a new term) and then upload it for all to see. What you don’t know is whether this seeming innocuous app is spying on you when you’re not using it. You must give this app permissions to your microphone, camera, location and possibly other access. The app can turn on these devices at any time it so chooses, even if when you’re unaware. If you have given any other access permissions, such as access to your Photo Gallery, Clipboard, Contacts or other points of permission, it may have blanket access to far too much private information about you that it can feed to China.
Even if you have installed TikTok once, that data may have been shared back to someone in China. You have no idea exactly what this app is doing under-the-hood. The same can be said of many apps in the app store. However, China is under no obligation to uphold data privacy laws in the United States. If your child has installed the app, it could feed all manner of private data about your child back to China.
U.S. Company?
TikTok apparently has a U.S. presence, but if that presence doesn’t have a hand in the creation, maintenance or dissemination of the app itself, the U.S. arm may not be violating any laws if the app does unsavory things outside of its stated and intended purpose.
Even though it seems TikTok does have a U.S. presence, the company itself seems to be heavily backed by Chinese companies. Since the President’s announcement regarding a potential TikTok ban, this company has quickly attempted to divest its Chinese interest from TikTok and allow it to become a wholly owned and operated U.S. business. That may be too late for this company and this app.
Honestly, sharing tiny entertaining videos of your silly antics is really not an essential part life. It’s fun to watch, but it’s overall something to be watched and forgotten. In other words, none of the content on TikTok is in any way meaningful or, indeed, useful. It is briefly funny content that might elicit a few laughs and then you are encouraged to move on to the next.
What Wish is to trashy Chinese merchandise, TikTok is to trashy occasionally funny clippets. They’re both cut from the same cloth, but cut from different ends. I’ve watched many TikTok videos and I find most of them no more entertaining than watching a TV commercial. TV commercials are, in fact, better filmed and many times better written.
Ultimately, if TikTok is banned, it won’t be missed in the long run. Oh, it will be immediately missed by the tweens and teens alike who rely on that sort of thing to get through the boredom of their day, but even this age group will quickly forget and move onto the next app.
TikTok is ultimately another social media fad riding a temporary wave that will eventually surf its way into the next app fad, and far away from TikTok. A Presidential ban may simply speed this process up exponentially and cut short TikTok as a fad.
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