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Lentis/The Geopolitics of TikTok

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Introduction

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History

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TikTok is a social media platform that allows users to share short form video content. TikTok started as Musical.ly, a social media platform focused on lip-syncing to music. In 2017, ByteDance, a Chinese company, acquired Musical.ly. Shortly thereafter the company merged it with Douyin, a China specific release of TikTok, at which point the TikTok app was made available worldwide. ByteDance still maintains Douyin as a separate application for the Chinese market despite an extremely similar set of features and user interface. After international release, both apps quickly grew to global popularity. As of April 2020 the company reported more than one billion downloads of the TikTok app[1], and the platform has grown to the point where it is often believed to have its own subculture [2].

Data Use

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The app employs a complicated algorithm that uses a user's interaction with a given post to gauge their reaction to that type of content and uses that information to suggest similar content that the user might enjoy. The process by which TikTok obtains, stores, and analyzes this user data is a source of concern for many consumer advocacies and regulating authorities worldwide. Since its parent company, ByteDance[3], is based in China as opposed to the United States like most other social media platforms, these groups worry about the Chinese government’s access to TikTok user data. The country has different data use policies than other areas of the world where users reside along with a government regime that has a history of interfering with private enterprise by obtaining backdoor access[4]. This has led to TikTok and its regulation being used as a medium for the geopolitical attitudes of several governments.

Geopolitics

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In this context, geopolitics can be defined as "a study of the influence of such factors as geography, economics, and demography on the politics and especially the foreign policy of a state" or "a combination of political and geographic factors relating to something (such as a state or particular resources)"[5].

TikTok demonstrates the struggle for geopolitical influence on the international online stage. Examples of such contention include:

  • Does the Chinese government have access to international TikTok user’s data?[6] If so, what do they do or intend to do with this data?
  • How has the app impacted the desire of the government of the United States of America to have its citizens' data stored in the US?[7]
  • Why was former US president Trump outspoken about his desire to ban TikTok while he was in office?[8] What motivated this consideration?
  • To what extent are US-based social media platforms vessels for the United States government as TikTok is for China?[9]
  • How is TikTok treated differently by regulators as a result of its Chinese ownership compared to other social media platforms?[10]

Relationship between TikTok and the United States of America

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Until recently, almost all social media platforms popular in the United States, e.g. Facebook, Twitter and Instagram, were owned by US-based companies. Because these companies are based in the United States, they are obliged to follow the US government’s regulations for social media companies. TikTok, which is owned by the Chinese company ByteDance, is subject to different regulations than US-based companies and has sparked fears over its relationship with the Chinese Communist Party and any changes in the app’s content that have arisen from that relationship.

Concerns over Security and Data Privacy

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One of the main concerns regarding the use of TikTok by Americans is the fear over the lack of security and privacy. There are claims that the company is “essentially under the control of the Chinese government” and that the app does not hold American’s data securely and out of reach of the Chinese government[11].

Even though TikTok executives claim that the app is not a security threat and that no information is shared with the Chinese government[11], leaked audio has shown repeated cases of ByteDance employees in China accessing US-based TikTok users’ nonpublic data[12]. Because of these reports, there have been many attempts to restrict the use of TikTok in the United States[11][13]. In response to these allegations, TikTok said that, for transparency, their moderation guidelines and their algorithm source code are publicly available[14]. They also said that all US user data is stored in the US and Singapore and that all data is stored outside of China and thus not subject to any Chinese laws[15].

Concerns over Chinese Influence on Political Content

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TikTok’s relationship with the Chinese government has led to speculation about the Chinese Government influencing the content that is on the app[11]. TikTok says that they have never removed content due to “sensitivities related to China” nor has the Chinese government ever tried to influence them to do so[15]. TikTok tries to equate themselves with US-based companies, claiming that their US moderation team is based out of California and that they are not influenced by any foreign government, including China’s[15].

Trump Ban

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Due to the aforementioned concerns over security, data privacy, and the influence on American politics by the Chinese Communist Party, The Donald J. Trump Administration repeatedly threatened to ban TikTok in the United States.

Then-U.S. president Trump released an executive order on August 6, 2020 which banned all transactions involving subsidiaries of ByteDance with any US person or about any property within the United States of America[13]. Violations of the executive order could have resulted in fines up to $1 million and up to 20 years in prison[16]. In the executive order, Trump laid out his reasons for the ban, which include threats to the “national security, foreign policy, and economy of the United States”; TikTok’s data collection policy, which “threatens to allow the Chinese Communist Party access to Americans’ personal and proprietary information”; and alleged influence from the Chinese Communist Party, which Trump claimed are censoring content and spreading disinformation[13]. In response to Trump’s executive order, TikTok released a statement saying that the ban was “issued without any due process” and that the Trump Administrations’ allegations are unsubstantiated and unfair[14].

Several weeks later, The Trump Administration said it would ban TikTok in the United States on November 12, 2020 unless the company could convince the US government that it was not a threat to US security[16]. The ban was highly debated until it was permanently halted by a federal judge in December 2020[17]. The ban was then reversed by the Biden administration[18].

TikTok in Countries outside of the United States

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The geopolitics surrounding the app have become increasingly complex, particularly outside of the United States. Similar to its situation in the US, the app has faced challenges due to concerns over data privacy, national security, and links to the Chinese government in other countries. These challenges have led to calls for stricter regulations on its use and have sparked ongoing investigations and debates in various countries. These developments have also sparked discussions about the geopolitical implications of the app and the role of technology in international relations.

India

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In India, TikTok was banned in April 2019 after a court ruled that the app posed a threat to the country’s “sovereignty and integrity.” The ban was later lifted, but the Indian government has continued to scrutinize the app, citing concerns over data privacy and national security. Indian officials have also raised concerns over the app’s links to the Chinese government and have called for stricter regulations on its use. [19]

Australia

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In Australia, TikTok has faced criticism for its lack of transparency in regards to how it collects and uses user data. The Australian government has also expressed concern over the app’s links to the Chinese government with some officials calling for it to be banned in the country. This has sparked ongoing debates and investigations into the app’s practices and potential risks to national security. [20]

Japan

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In Japan, data privacy concerns have arisen concerning TikTok and other apps developed by China. This response was partly elicited by Trump’s attempt at banning TikTok in the United States. Japanese authorities recommended taking precautions against potential data leaks. This has resulted in groups being scheduled to investigate the risks of Chinese-developed apps. [21]

European Union

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In Europe, TikTok has faced scrutiny over its data-sharing practices and links to the Chinese government. The European Union has launched an investigation into the app, with several member states calling for tighter regulations on its use. European officials have raised concerns over the potential for user data to be accessed by the Chinese government and have called for greater transparency and accountability from TikTok. [22]

Canada

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In Canada, TikTok has faced criticism for its lack of transparency in regard to how it collects and uses user data. Two class action lawsuits were filed against TikTok in 2019 and 2020 for collecting user data which resulted in a $2 million settlement. These lawsuits have sparked debates over the lack of data privacy regulation and has led to calls for greater oversight and accountability from TikTok. [23]

References

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  1. Carman, A. (2020, April 29). TikTok reaches 2 billion downloads. The Verge. https://www.theverge.com/
  2. Lentis/Internet Subcultures
  3. ByteDance. About us. https://www.bytedance.com/en/
  4. Layton, R. (2020, June 26). Why Is U.S. Policy Tough On Huawei And TikTok But Not Lenovo? Forbes.
  5. Geopolitics (2022). In Merriam Webster. https://www.merriam-webster.com/dictionary/geopolitics
  6. Milmo, D. (2022, November 8). TikTok's ties to China: why concerns over your data are here to stay.
  7. Klosowski, T. (2021, September 6). The State of Consumer Data Privacy Laws in the US (And Why It
  8. Allyn, B. (2020, August 6). Trump Signs Executive Order That Will Effectively Ban Use Of TikTok In the U.S.
  9. Levinson-Waldman, R., Panduranga, H., & Patel, F. (2022, January 7). Social Media Surveillance by the US Government. Brennan Center.
  10. Sitaraman, G. (2022, May). The Regulation of Foreign Platforms. Stanford Law Review.
  11. a b c d Maruf, R. (2022, Jul. 3). “An FCC regulator wants TikTok removed from app stores. Here’s how a company executive responded”. CNN. https://www.cnn.com/2022/07/03/media/tiktok-reliable-sources/index.html
  12. Baker-White, E. (2022, Jun. 17). “Leaked Audio From 80 Internal TikTok Meetings Shows That US User Data Has Been Repeatedly Accessed From China”. BuzzFeed News. https://www.buzzfeednews.com/article/emilybakerwhite/tiktok-tapes-us-user-data-china-bytedance-access
  13. a b c Trump, D. J. (2020, Aug. 6). “Executive Order on Addressing the Threat Posed by TikTok”. Trump White House Archives. https://trumpwhitehouse.archives.gov/presidential-actions/executive-order-addressing-threat-posed-tiktok/
  14. a b TikTok. (2020, August 7). “Statement on the Administration's Executive Order”. TikTok. https://newsroom.tiktok.com/en-us/tiktok-responds
  15. a b c TikTok. (2019, Oct. 24). “Statement on TikTok's content moderation and data security practices”. TikTok. https://newsroom.tiktok.com/en-us/statement-on-tiktoks-content-moderation-and-data-security-practices
  16. a b Swanson, A., McCabe, D., Nicas, J. (2020, Sep. 18). “Trump Administration to Ban TikTok and WeChat From U.S. App Stores”. The New York Times. https://www.nytimes.com/2020/09/18/business/trump-tik-tok-wechat-ban.html
  17. Allyn, B. (2020, Dec. 7). "U.S. Judge Halts Trump's TikTok Ban, The 2nd Court To Fully Block The Action". NPR. https://www.npr.org/2020/12/07/944039053/u-s-judge-halts-trumps-tiktok-ban-the-2nd-court-to-fully-block-the-action
  18. BBC News. (2021, Jun. 9). "Donald Trump-era ban on TikTok dropped by Joe Biden". https://www.bbc.com/news/technology-57413227
  19. Iyengar, R. (2019, May 2). India's two-week ban cost TikTok 15 million users. CNN.
  20. Ash, C. (2022, August 30). Call to ban TikTok in Australia after report claims data can be tracked. yahoo!news.
  21. Ujikane, K., & Urabe, E. (2020, August 16). Tiktok Ban in Japan? official warns about data leak. thejapantimes.
  22. Holt, K. (2022, November 22). EU confirms multiple ongoing investigations into TikTok Data Practices. Engadget.
  23. Honaker, B. (2022, March 4). Judge approves $2M tiktok data privacy class action settlement. Top Class Actions Canada.