The Justice Department has accused TikTok of gathering bulk information on users through an internal system called Lark, enabling employees to communicate with engineers in China and store data on Chinese servers. The government has raised concerns about TikTok tracking sensitive topics such as gun control, abortion, and religion, with fears of potential covert content manipulation by the Chinese government. TikTok could face a ban if it does not sever ties with its Beijing-based parent company ByteDance under a law signed by President Joe Biden in April.
The Justice Department stated that TikTok employees engaged in a practice called “heating,” promoting certain videos for views which could be used for malicious purposes. Federal officials are requesting the court to allow a classified version of the legal brief due to national security concerns. TikTok refuted the claims, calling the ban unconstitutional and a violation of the First Amendment, as it would silence the voices of 170 million Americans. The company is confident it will prevail in court and continues to challenge the law.
The government highlighted the Lark data transfers to explain why TikTok’s $1.5 billion mitigation plan to store user data on Oracle servers may not be enough to address national security concerns. TikTok’s arguments against the ban include claims that it violates the First Amendment by restricting speech and that divestment would change the platform’s content. The Justice Department responded by stating that TikTok has not raised valid free speech claims, emphasizing national security concerns and the potential for Chinese influence over the platform through ByteDance.
TikTok also argues that the law discriminates based on viewpoints, citing criticism of an anti-Israel tilt during the Gaza conflict. The Justice Department refuted this argument, stating that the law’s focus on China’s potential weaponization of technology against U.S. national security is a legitimate concern. There are fears that Chinese entities could demand sensitive data from companies under Beijing’s control, including TikTok. Oral arguments in the case are scheduled for September as both sides continue to present their arguments and evidence in the legal battle over TikTok’s future in the United States.
