Talk on TikTok: Security, Search & Speech
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Last month, the House of Representatives passed a bipartisan bill that could see TikTok banned in the United States. The “Protecting Americans from Foreign Adversary Controlled Applications Act” bill calls for TikTok’s Chinese parent company, ByteDance, to either divest from the social media app or ban it on all U.S. devices (NPR, 2024).
History of Scrutiny
While the U.S. has a long history of debating media and technology’s impact on society, higher scrutiny on TikTok rose in 2020 when then-President Donald Trump signed an executive order labeling the social media platform a threat. The executive order alleged that:
“TikTok automatically captures vast swaths of information from its [U.S.] users, including Internet and other network activity information such as location data and browsing and search histories” and can be accessed by the Chinese government (National Archives, 2020).
Bipartisan Support and Opposition
Today’s bill has bipartisan support, but this bipartisan support was not as evident for a similar 2020 executive order by then-President Trump. Opponents of Trump questioned and condemned the executive order as it relates to his anti-Asian rhetoric. If Trump’s various clips mocking China during rallies were not enough evidence, Pew Research Center suggested Republicans had a ‘more negative’ view toward China than Democrats during the COVID-19 outbreak (Pew Research Center, 2020). Opponents also poked fun at Trump’s paranoia against TikTok when teens organized online and reserved tickets for a rally, which resulted in low attendance (The Verge, 2020).
Trump’s Shifting Stance
Perhaps not as shockingly, Trump now displays his support for TikTok and speaks out against a ban. Analysts suggest Trump may favor TikTok for its increased presence of MAGA conservatives on the platform, combined with young voters expressing their dislike for Biden. Furthermore, one of Trump’s high-profile supporters has a substantial financial stake in TikTok’s parent company and has invested millions in other politicians who support TikTok (Axios, 2024).
National Security Concerns
Time and again, lawmakers advocating for a ban cite national security and disinformation concerns as the top reasons for the TikTok ban (New York Times, 2024). However, one may find suspicion in the TikTok CEO mobilizing its U.S. users to speak against the bill through online videos and app notifications (The Hill, 2024).
Implications of a Ban
Our government should address security and disinformation issues, but the current conversation ignores a few noteworthy implications.
Uncertainty Surrounding the Ban
First, it is unclear what a “ban” would look like. If the U.S. government bans the app, it is unclear if it will only impact future downloads or require telecommunication companies to block the entire use of the app (TechTarget, 2023).
Nonetheless, any ban would impose technical difficulties on 170 million Americans with TikTok installed on their phones.
It is difficult to trust a government wholeheartedly to swiftly execute a ban given its history of technical disasters like the initial launch of HealthCare.gov and the latest FAFSA.
Impact on Consumer Behavior
Second, a ban would be ignorant of 21st-century consumer behavior. TikTok has become a platform beyond just dancing teens, offering recipes, reviews, and recommendations by real people. One of TikTok’s most memorable spots was a 2022 commercial called “TikTok Taught Me,” in which various characters turn to the video platform for visual references to information they seek (iSpotTV, 2022). The hashtag of its namesake has had over 6.6B views on the platform since 2022. One BuzzFeed headline used “TikTok” as a verb similar to “Google,” and while we may not use the verb like so (yet), we certainly perform the act (BuzzFeed, 2022).
According to Adobe, a survey suggests over 2 in 5 Americans use TikTok as a search engine, with the largest group represented being Gen Z and Millennials (Adobe, 2024).
While TikTok may not overtake Google as the go-to search engine, the combined formula of real personalities, bite-sized information, and visual storytelling will be a mainstay for future generations.
First Amendment Concerns
Lastly, a ban could open the floodgates to new litigation and interpretation of the First Amendment. The ACLU has repeatedly stated that a ban on TikTok would violate the First Amendment, most notably in their coverage of Alario & TikTok v. Knudson (ACLU, 2023). The ACLU signed off on a letter against Montana’s attempted ban of the app, stating:
“[The Montana ban] is censorship — it would unjustly cut Montanans off from a platform where they speak out and exchange ideas everyday, and it would set an alarming precedent for excessive government control over how Montanans use the internet” (ACLU, 2023).
Aside from impacting news and commentary, any form of ban or censorship could limit speech and expression on the products and services of up to five million U.S. businesses already on the platform (TikTok, 2023). Depending on how far this conversation continues, the government may cross into Section 230 territory, which has had its series of debates in recent years.
Conclusion
The debate over a ban on TikTok is more than getting kids off their phones or protecting the U.S. against foreign entities. A proper compromise must be realistic about its implications, the platform’s tangible benefits, and the implications for other constitutional debates related to speech and expression. The U.S. government is quickly building a legacy of calling out its frustrations with these digital platforms, but it needs to move faster to compete with them, too. Whether lawmakers’ personal opinions are to deem technology as good or evil, a balance between security and technological advancement will be our society’s challenge moving forward.
