Is the clock ticking for TikTok?
The U.S. federal government has repeatedly threatened to ban the social media app, which is used by roughly 100 million Americans. Meanwhile, Montana has already passed a ban that is slated to go into effect in January 2024. Government officials allege that TikTok enables the misuse and abuse of the data of American citizens, although some argue that political aims are the real motive.
In Montana, the efforts to ban TikTok are being spearheaded by state Attorney General Austin Knudsen, who has argued that the Chinese Communist Party (CCP) is able to access and utilize the data of American citizens. ByteDance, which owns TikTok, has repeatedly claimed that the CCP cannot access such data and that if the party requested access, the company would decline.
However, a former ByteDance employee alleged in a termination lawsuit that the CCP has supreme access to all data, including that of American citizens. The suit claims that the CCP has guided ByteDance to promote so-called communist values and that the company has shared, elevated, and removed content at the party's discretion. In recent months, the Biden administration has pushed ByteDance to sell off TikTok or face a ban.
Whatever the outcome, expect the battles to be contentious. Back in February, it wasn't certain that there was enough support in the Montana legislature to ban the app, but the CCP sent Knudsen a high-flying gift: A Chinese weather balloon that many believe actually harbored spy equipment appeared in the skies over Montana. Suddenly, the risks posed by CCP spying became less digitally ephemeral and more hardware tangible. Knudsen called the incident a "hell of a favor."
TikTok isn't taking the Montana ban lying down. The company and a handful of platform content creators have launched a lawsuit against the Montana state government. Many legal analysts believe that Montana's ban will end up in the Supreme Court, with issues like free speech under careful consideration.
It's worth noting that the version of TikTok available in the U.S. is not allowed in China. They use a different app.