DOJ alleges TikTok gathered data on US user opinions on topics such as abortion and gun control

WASHINGTON — In a recent attack against one of the globe’s most beloved technology corporations, the Department of Justice accused TikTok on Friday of having the ability to amass large amounts of data on users based on their opinions on controversial social issues like gun control, abortion, and religion.

Attorneys for the government stated in court filings that TikTok and its parent company ByteDance in Beijing utilized an internal web-suite system known as Lark to facilitate direct communication between TikTok employees and ByteDance engineers in China.

Through Lark, TikTok employees shared sensitive information about American users, which ended up being stored on servers in China and accessible to ByteDance employees there, according to federal officials.

The filing indicated that one of Lark’s internal search tools allowed ByteDance and TikTok employees in the United States and China to collect data on user content or opinions, including views on sensitive subjects such as abortion or religion. The Wall Street Journal previously reported that TikTok had tracked users who watched LGBTQ content using a dashboard that has since been removed.

These court documents mark the government’s initial defense in a crucial legal battle concerning the fate of the widely used social media platform, which is utilized by over 170 million Americans. Under a law signed by President Joe Biden in April, TikTok could potentially face a prohibition in the coming months if it fails to sever ties with ByteDance.

The bipartisan passage of the law came after concerns were raised by lawmakers and government officials about the potential for Chinese authorities to compel ByteDance to hand over data on American users or influence public opinion in favor of Beijing by manipulating the content algorithms on the platform.

The Justice Department issued a stark warning about the possibility of what it termed as “covert content manipulation” by the Chinese government, suggesting that the algorithm could be designed to control the content that users see.

The brief states, “By instructing ByteDance or TikTok to secretly manipulate the algorithm, China could advance its existing malicious influence campaigns and intensify efforts to undermine confidence in our democracy and deepen social divides.”

The concern, as per the Justice Department, is not merely theoretical, as they allege that TikTok and ByteDance employees have engaged in a practice known as “heating” where certain videos are promoted to reach a specific number of views. While this feature helps TikTok promote popular content and increase its reach, U.S. officials believe it could also be misused.

Federal officials are requesting the court to permit a classified version of their legal brief, which will not be accessible to the two companies involved.

TikTok spokesperson Alex Haurek stated, “Nothing in the redacted brief changes the fact that the Constitution is in our favor.”

Haurek added, “The ban on TikTok would silence the voices of 170 million Americans, violating the 1st Amendment. As we have previously stated, the government has not provided evidence to support its claims, even when this unconstitutional law was passed by Congress. Once again today, the government is taking this unprecedented action while relying on confidential information. We are confident that we will succeed in court.”

The redacted court documents revealed that another tool was used to suppress content based on specific words. Certain policies of this tool were applied to ByteDance users in China, where the company operates a similar app called Douyin that adheres to strict censorship rules mandated by Beijing.

Justice Department officials acknowledged that other policies may have been applied to TikTok users outside of China. They stated that TikTok was investigating the existence of these policies and whether they had been utilized in the U.S. around 2022.

The Lark data transfers were cited by the government to justify their belief that TikTok’s $1.5 billion mitigation plan, known as Project Texas, which involves storing U.S. user data on servers managed by Oracle, is insufficient in addressing national security concerns.

In its legal battle against the law, TikTok has primarily argued that the potential ban infringes on the First Amendment by restricting the app’s speech unless it finds a new owner through a complex divestment process. TikTok has also contended that divestment would alter the platform’s speech since a new owner might not have the algorithm that contributed to its success.

The Justice Department countered by stating that TikTok failed to present valid free speech claims and that the law addresses national security concerns without impinging on protected speech. They also argued that China and ByteDance, as foreign entities, are not covered by the First Amendment.

TikTok has additionally claimed that the U.S. law discriminates based on viewpoints, citing criticism from lawmakers about what they perceived as an anti-Israel bias on the platform during a conflict in Gaza.

Justice Department officials refuted this argument, emphasizing that the law reflects their ongoing worry that China could exploit technology for U.S. national security threats, especially given the demands for companies under Beijing’s control to provide sensitive data to the government. They asserted that TikTok, under its current operational structure, is obliged to comply with such demands.

The oral arguments for the case are set to take place in September.