Congress is only Fixing Part of the TikTok Problem
Banning TikTok is half the battle. Congress needs to stop the data flow.
Policymakers in Washington have begun to take the TikTok threat seriously. The Senate recently unanimously passed a bill banning TikTok from government devices and while Speaker Pelosi has of yet refused to commit to move the bill in the House, momentum is building to act. Elsewhere, legislation has been introduced to ban TikTok and other social media platforms entirely. But such bans only address half the problem. If Congress truly wants to mitigate the threats to American national security TikTok and similar social media platforms pose, it must also subject Americans’ data to an International Traffic in Arms Regulations (ITAR)-style regulatory scheme.
No matter its country of origin, social media has always rotted its users’ minds albeit to different degrees. For years, we’ve known social media was addictive and as early as 2017, we knew about how social media addiction could be seen in the brain’s anatomical makeup. There are ways to make social media less harmful or more harmful, and observers are correct in saying TikTok is the crack cocaine of social media platforms. True enough, the crack’s gotten more potent and the digitalization of life makes social media more prevalent than it was in 2017 or 2007. But fundamentally, the reason Congress and the FBI have begun to care about and are singling out TikTok is because it’s owned by ByteDance, a Chinese company.
The Chinese National Intelligence Law of 2017 requires all Chinese citizens and companies, when called upon, to assist in intelligence gathering. That is why TikTok presents a particular problem above and beyond the mental rot it, and its competitors, cause. Without getting excessively technical, as a Chinese company, TikTok is regulated differently from Instagram, its competitor, and once opened on a phone or device, can continue to collect data outside the app. So, in essence, if you download TikTok onto your device, you can safely assume the Chinese government could, if it so desired, access every bit of data stored on your cell phone. With millions of Americans using the app, that presents an astounding national security concern. The data collection, rather than the mental rot, is the cause of recent federal action.
In other words, Congress is not so much concerned about TikTok itself as much as it is concerned about what China and other countries could do with the data. While banning TikTok is a necessary step, it is in and of itself insufficient to solve the problem Congress intends to fix. But of course, ever the gang who cannot shoot straight, Congress is neglecting the other avenues through which China can acquire Americans’ data, including via commerce. Facebook had data sharing agreements with Huawei as recently as a few years ago. Just last month, press reports indicated Facebook had received sensitive tax information through tax preparers. Imagine the potential for blackmail if the wrong person’s personally identifiable information falls into the wrong hands. Furthermore, without addressing the issue at root, Congress will just be playing whack a mole with the Chinese.
By subjecting Americans’ data social media companies collect to an ITAR-style regime, Congress would protect against the transfer of such data to countries of concern while limiting the impact on the private market for the purchase and sale of such data. An ITAR-style regulatory scheme would only apply to the export of data, leaving intra-national sales to continue unobstructed. Selling data abroad would receive appropriate review from the Executive Branch, as do arms sales.
If TikTok presents as large a national security threat as some believe because of the CCP’s capacity to access Americans’ data then Congress must actually prevent the transfer of Americans’ data, not just ban the app. If Congress forgets to fix the rest of the problem TikTok presents, it’ll be missing the forest for the trees. As the 118th Congress gavels in, it should address the TikTok issue, but it should do so in a way that will actually solve the problem. Engaging in mere anti-CCP posturing will land us back here in a year, two, or five, having not actually solved the problem.