Justice Dept. claims TikTok tracked US user views on abortion, gun control

WASHINGTON (AP) – In a recent move against one of the world’s leading tech companies, the Justice Department accused TikTok of gathering bulk data on users, focusing on sensitive topics like gun control, abortion, and religion.

According to a brief filed in the federal appeals court in Washington, TikTok and its Beijing-based parent company, ByteDance, used a system called Lark to facilitate direct communication between TikTok employees and ByteDance engineers in China.

Federal officials allege that TikTok employees used Lark to send sensitive data about U.S. users, which was then stored on Chinese servers, making it accessible to ByteDance employees.

The brief also highlights that one of Lark’s internal search tools allows ByteDance and TikTok employees in both the U.S. and China to gather information on users’ content or views, including opinions on topics like abortion or religion. The Wall Street Journal reported last year that TikTok had tracked users who watched LGBTQ content through a dashboard that has since been deleted.

This new court documentation marks the government’s first major defense in a significant legal battle concerning the future of TikTok, which is used by over 170 million Americans. Under a law signed by President Joe Biden in April, TikTok could face a ban if it does not sever ties with ByteDance.

Bipartisan support led to the passage of this measure after concerns arose about Chinese authorities potentially forcing ByteDance to hand over U.S. user data or manipulate public opinion via the algorithm that populates users’ feeds.

The Justice Department sounded alarms over the potential for “covert content manipulation” by the Chinese government, suggesting the algorithm could be designed to shape the content users see.

“By directing ByteDance or TikTok to covertly manipulate that algorithm, China could further its existing malign influence operations and amplify its efforts to undermine trust in our democracy and exacerbate social divisions,” the brief states.

Officials allege this concern is not just theoretical, citing a practice known as “heating” where certain videos are promoted to achieve a specific number of views. While this feature allows TikTok to curate popular content, officials warn it can also be used for more sinister purposes.

The Justice Department is requesting the court to allow a classified version of its legal brief, which will not be accessible to TikTok or ByteDance.

“Nothing in the redacted brief changes the fact that the Constitution is on our side,” said TikTok spokesperson Alex Haurek in a statement.

“The TikTok ban would silence 170 million Americans’ voices, violating the 1st Amendment. The government has never provided proof of its claims, even when Congress passed this unconstitutional law. Today, the government is taking this unprecedented step while hiding behind secret information. We remain confident we will prevail in court,” Haurek added.

The redacted court documents also mention another tool that triggered suppression of content based on certain keywords. Some of the policies of this tool were applied to ByteDance users in China, where a similar app, Douyin, operates under strict censorship rules.

However, officials believe these policies may have also been applied to TikTok users outside China. TikTok is investigating the presence of these policies and whether they were used in the U.S. around 2022.

The government cites the Lark data transfers as a reason why federal officials don’t consider Project Texas, TikTok’s $1.5 billion plan to store U.S. user data on Oracle servers, sufficient to mitigate national security concerns.

In its legal challenge against the law, TikTok has leaned heavily on arguments that the potential ban violates the First Amendment by restricting the app’s ability to continue communicating unless it attracts a new owner through a complex divestment process. TikTok also argues that a new social platform owner might lack the algorithm crucial to its success.

The Justice Department argues TikTok has not raised any valid free speech claims, stating the law addresses national security without targeting protected speech. Moreover, it argues that China and ByteDance, as foreign entities, aren’t protected by the First Amendment.

TikTok has also claimed the U.S. law discriminates based on viewpoints, referencing statements from some lawmakers critical of what they saw as an anti-Israel bias on the platform during its war in Gaza.

The Justice Department disputes this, asserting the law reflects ongoing concerns that China could weaponize technology against U.S. national security. They say these concerns are exacerbated by demands for companies under Beijing’s control to turn over sensitive data to the government. TikTok, under its current operating structure, would have to comply with these demands.

Oral arguments in the case are scheduled for September.

Source: Associated Press