Should the US Ban TIKTOK? Here’s Why Blocking It Isn’t aGood Idea.
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pSocial media app a href=https://www.usatoday.com/story/news/politics/2023/02/28/white-house-tiktok-bans-legislation-what-we-know/11364439002/ rel=noopener target=_blankTikTok’s rapid rise in popularity/a has raised questions regarding the relationship of ByteDance, TikTok’s parent company, a href=https://www.usatoday.com/story/news/politics/2023/02/14/tiktok-ban-china-spy-relations/11134410002/ rel=noopener target=_blankto the Chinese government/a./p
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pNow, leaders on both sides of the aisle, a href=https://www.reuters.com/technology/twelve-us-senators-back-giving-commerce-secretary-new-powers-ban-tiktok-2023-03-07/ rel=noopener target=_blankincluding President Joe Biden/a, have called to ban or severely restrict Americans’ access to the popular app./p
pBanning an app, however, could raise significant questions about the First Amendment rights of TikTok’s American users and affect far more than the ability to take part in the latest dance craze./p
pTikTok is not the first company with ties to China to face scrutiny. For example, the United States has a href=https://www.reuters.com/business/media-telecom/us-fcc-bans-equipment-sales-imports-zte-huawei-over-national-security-risk-2022-11-25/ rel=noopener target=_blankbanned Chinese companies such as Huawei/a over national security concerns. Washington has denied necessary equipment approvals to some businesses, placing them on a “covered list” of companies viewed as anbsp;threat to the security of America’s telecommunications infrastructure./p
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pA TikTok ban would dramatically expand the government’s ability to control what apps and technologies Americans can use to communicate./p
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pstrongTrump tried to ban TikTok and failed/strong/p
pThis is also not the first time TikTok has faced threats of anbsp;national ban, as a href=https://www.usatoday.com/story/tech/2020/08/07/trump-issues-executive-order-ban-tiktok-wechat/3316755001/ rel=noopener target=_blankthe Trump administration previously tried/a to undertake such actions via executive order./p
pBanning TikTok raises anbsp;set of concerns separate from those associated with banning certain equipment from telecommunications infrastructure. Unlike the bans on equipment, the banning of an app removes an opportunity for communication and expression for millions of Americans users./p
pTikTok bans dramatically expand the government’s ability to control what apps and technologies Americans can choose to use to communicate. Further, bans create consequences not just for the companies themselves, but also for users who violate the bans./p
pThe ACLU, for example, has expressed concerns about the a href=https://www.aclu.org/press-releases/aclu-strongly-opposes-house-bill-that-would-ban-tiktok-and-threaten-first-amendment-rights rel=noopener target=_blankfree speech and additional civil liberties implications/a of government bans by pointing out how it could set anbsp;dangerous precedent for the government interfering with what apps Americans may use to express themselves and communicate with others./p
pSome argue that national security concerns outweigh implications on speech, especially when users have anbsp;wide range of other social media platforms from which to choose. Even so, policymakers must walk anbsp;delicate line, as there could be further consequences of anbsp;TikTok ban./p
pFor example, anbsp;ban is unlikely to affect only TikTok. It could also apply to any number of apps or technology services, making it more difficult on U.S. platforms and businesses abroad./p
pIncreased scrutiny and the potential of anbsp;ban also could raise anbsp;tit for tat that leads other countries to ban U.S.-based apps and businesses, out of fear the U.S. government may have access to data they collect. It also might deter foreign companies from expanding in America, if they also do business in China, out of concerns they may get either caught in anbsp;tug of war or find themselves banned./p
pThere is an a href=https://www.axios.com/2023/01/09/tiktok-washington-china-cfius-bans rel=noopener target=_blankongoing review/a of whether TikTok U.S., through its a href=https://www.texasmonthly.com/news-politics/tiktok-us-ban-china-project-texas-oracle/ rel=noopener target=_blankProject Texas/a, has established the necessary safeguards to assuage concerns about the Chinese government ‘s ability to access U.S. users’ data./p
pThe a href=https://www.npr.org/2020/12/07/944039053/u-s-judge-halts-trumps-tiktok-ban-the-2nd-court-to-fully-block-the-action rel=noopener target=_blankTrump administration’s attempt to ban TikTok was struck down by courts/a when the anbsp;U.S. district judge found insufficient evidence of national security risks, thus deeming the ban “arbitrary and capricious.”/p
pOne a href=https://www.internetgovernance.org/wp-content/uploads/TikTok-and-US-national-security-3.pdf rel=noopener target=_blankacademic study found/a that TikTok does not censor U.S. content and does not have data collection practices that are more of anbsp;threat than other popular social media platforms. Before considering anbsp;radical step like anbsp;ban, policymakers must make sure any allegations of national security threats are firmly supported by evidence and not just vibes./p
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pstrongLess severe restrictions deserve consideration/strong/p
pGiven the serious consequences of anbsp;potential TikTok ban and, particularly, the impact on users’ speech, policymakers should consider less restrictive options that can address potential national security concerns. Some of these steps have already been undertaken at the federal and state level, such as a href=https://www.cfr.org/in-brief/us-government-banned-tiktok-federal-devices-whats-next rel=noopener target=_blankbanning the app from government devices/a./p
pAdditionally, the ongoing review could provide further recommendations that would reduce concerns about the potential harm to users’ free speech rights, including potential divestment from the China‐linked ByteDance./p
pBanning an app affects millions of citizens’ ability to communicate in the way they choose. With that in mind, the First Amendment implications of anbsp;TikTok ban deserve at least as careful consideration as the potential national security implications./p
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