Not too long ago, members of Congress from each sides of the aisle have proposed a ban on TikTok, the favored video social media app, for the alleged menace it poses to America, together with kids, adults, and nationwide safety. They argue that for the reason that firm’s dad or mum is Chinese language-owned ByteDance, the Chinese language authorities successfully controls the platform and the information on it. Undoubtedly, Chinese language authorities interference is a possible threat for any Chinese language firm. However slightly than pursuing blanket bans based mostly on the place an organization is domiciled—an concept that might damage U.S. tech firms within the world market if others adopted related insurance policies—policymakers ought to as an alternative take concrete steps to higher defend customers and tackle knowledge issues.
Even earlier than this week’s proposed legislative ban on TikTok, quite a few policymakers have taken intention on the social community. FBI Director Christopher Wray testified at a Home Homeland Safety listening to that the app creates “nationwide safety issues.” Consultant Raja Krishnamoorthi (D-CA) not too long ago voiced issues concerning the skill of “hostile powers to probably management social media networks.” And former president Donald Trump notably signed an government order that might have successfully banned TikTok close to the tip of his time period in workplace, an order that President Biden ultimately rescinded and changed with a narrower, and ongoing, nationwide safety evaluation.
TikTok has quickly change into one of the crucial well-liked apps in america, with over 86 million customers. The app is owned by dad or mum firm ByteDance, an organization based mostly in China, and TikTok itself has acknowledged in a letter to Congress this yr that beneath sure circumstances staff in China have accessed knowledge about American customers up to now. Chinese language legislation states that firms should give the Chinese language authorities entry to their knowledge within the case of nationwide safety issues and the general public curiosity. Policymakers fear that the sort of knowledge sharing with the Chinese language authorities places U.S. nationwide safety pursuits in danger and will permit the Chinese language authorities unfettered entry to Individuals’ private knowledge on TikTok. Some policymakers contend that this poses a specific menace to kids’s knowledge, however have but to make clear what they consider the Chinese language authorities is definitely doing with this knowledge. As well as, many fear that ByteDance, in response to the Chinese language authorities, may affect the content material that seems for TikTok customers.
However every of those underlying issues about TikTok might be higher addressed via focused insurance policies slightly than banning the app.
First, to deal with the priority that TikTok will secretly ship knowledge about Individuals again to China, Congress ought to move federal knowledge privateness laws that explicitly requires firms to reveal all knowledge sharing and maintain them accountable for the accuracy of these disclosures. For instance, the American Knowledge Privateness and Safety Act would require firms to reveal whether or not they switch, retailer, or course of knowledge in China, Russia, Iran, or North Korea. This legislation wouldn’t forestall firms from sending knowledge to China, however it could guarantee they must disclose this data publicly. And TikTok’s U.S.-based personnel could be legally chargeable for knowingly making any false claims.
Second, to deal with issues about authorities requests for client knowledge or makes an attempt by governments to govern or censor content material, Congress ought to create obligatory transparency necessities in order that social media firms should frequently produce transparency stories documenting any such requests. Right here once more, the aim could be to remove any doubt about what calls for governments is perhaps making of firms. Common reporting would make sure that governments’ requests can not go undetected.
Lastly, to deal with issues about entry to delicate client knowledge, policymakers ought to encourage extra social media platforms to undertake end-to-end encryption for direct messages between customers. Utilizing end-to-end encryption would remove the chance {that a} third get together, together with the platform itself, may entry personal messages and would assist preserve client knowledge out of the palms of dangerous actors.
However, some policymakers appear bent on enacting some type of motion earlier than the tip of this congressional time period. On Wednesday, the Senate handed a measure banning TikTok from being downloaded on any federal system. The laws, first launched by Senator Josh Hawley (R-MO), aligns with a myriad of states which have taken similar action. However concentrating on one particular software will do little to enhance nationwide safety throughout the board. Fairly than concentrating on TikTok, policymakers ought to create an inventory of apps banned on federal gadgets with clear and goal standards.
Banning an app on the premise of its international possession units a nasty precedent for america. Different nations may use it to justify their very own bans on U.S. apps and on-line companies beneath the guise of comparable privateness and nationwide safety issues. The outcome could be a lack of world market share for American firms and fragment Web companies, hurting each companies and shoppers.
Furthermore, it could be untimely for Congress to enact a ban on TikTok on condition that the Biden administration has been actively working with the corporate to deal with a few of the important issues referring to the app’s knowledge practices and tackle nationwide safety points. In a reversal of an August 2020 government order successfully banning TikTok signed by Donald Trump, the Biden administration has sought to take a extra nuanced strategy to evaluating the menace posed by not solely TikTok however all social media platforms. At current, the administration goals to maintain TikTok working in america with out altering its possession construction however is negotiating to require the corporate to route U.S. site visitors via the U.S. cloud computing firm Oracle and permit Oracle to audit TikTok’s algorithms and content material moderation fashions.
As a substitute of stepping on the continuing negotiations by the administration, Congress ought to concentrate on prioritizing laws that targets the underlying issues which aren’t distinctive to TikTok. If Congress desires to take a tough line towards China, there are many extra urgent financial and safety points than TikTok that it may concentrate on. And if policymakers need to get critical about bettering privateness and safety, they need to take actual steps to guard Individuals on-line, slightly than impose bans that may damage American companies and shoppers.
