WASHINGTON — In a significant move against TikTok, the Justice Department has accused the platform of leveraging its ability to collect extensive user data linked to contentious social issues, such as gun control, abortion, and religion. This accusation was formally presented in a brief filed with a federal appeals court in Washington late Friday.
Government attorneys highlighted that TikTok and its parent company, ByteDance, utilized a web-suite system named Lark, facilitating direct communication between TikTok employees and ByteDance engineers based in China. Reports indicate that sensitive data regarding U.S. users was sent through Lark, resulting in information being stored on servers in China and accessible to ByteDance personnel.
The court documents assert that Lark’s internal features allow employees from both TikTok and ByteDance to extract user information, including perspectives on delicate issues. Previous reports revealed that TikTok had tracked users engaged with LGBTQ content via a now-discontinued dashboard.
These developments mark the Justice Department’s significant legal stance in a pivotal case concerning TikTok, which has captured the attention of over 170 million American users. Under a law enacted by President Biden in April, the platform could face a ban within months if it does not sever ties with ByteDance.
The law received bipartisan support amid widespread fears that the Chinese government could compel ByteDance to surrender U.S. user data or manipulate the app’s algorithm to advance Beijing’s interests, thereby shaping public opinion in a manner detrimental to U.S. democracy.
The Justice Department voiced grave concerns about the risk of "covert content manipulation" orchestrated by the Chinese government, warning that algorithms could be intentionally altered to influence the content presented to users.
Additionally, officials claimed that TikTok and ByteDance employees have engaged in a practice known as "heating," which involves artificially boosting the views of certain videos. While this tactic assists in promoting popular content, U.S. officials argue it could also serve malicious intents.
Justice Department officials are advocating for the court to permit a classified version of their legal arguments, shielding certain information from TikTok and ByteDance.
In response, TikTok has issued a statement defending itself, asserting that banning the platform would infringe upon the First Amendment rights of millions of Americans. The company contends that the government has failed to substantiate its claims and maintains confidence in prevailing in court.
According to the redacted legal documents, the Justice Department has noted that another tool could trigger content suppression based on specific language. Policies linked to this tool may mirror those applied to ByteDance users in China, where operations must comply with strict censorship guidelines.
Additionally, officials cited the data transfers via Lark as a basis for questioning Project Texas, TikTok’s $1.5 billion initiative aimed at safeguarding U.S. user data on servers managed by a major tech company.
In its ongoing legal challenge, TikTok emphasizes that the proposed ban violates First Amendment rights, arguing that it restricts the app’s expression unless it is acquired by a new owner, which would alter its successful algorithm.
The Justice Department counters that TikTok’s claims are unfounded, asserting that the law is designed to address national security threats without infringing on protected speech, and no foreign entity, including ByteDance, is shielded by the First Amendment.
TikTok has also pointed out perceived viewpoint discrimination within U.S. law, referencing critiques from lawmakers regarding the platform’s handling of content amidst international conflicts.
The Justice Department rejects these assertions, reinforcing their stance that the law reflects urgent concerns about potential technological threats to U.S. security stemming from demands made on companies under Beijing’s influence.
Oral arguments in this critical case are scheduled for September.
