By Doug Jacobson, Professor of Engineering - The Conversation
Montana Gov. Greg Gianforte, a Republican, signed a law banning TikTok in the state on May 17, becoming the first U.S. territory to ban the Chinese social network. The rule is expected to take effect on January 1, 2024.
The measure imposes fines of $ 10,000 a day on any provider that offers the popular app, and on the application maker itself if it operates in the state. Private users are not subject to penalties. The Chinese company claims to have about 200,000 users in Montana, home to 1.1 million people.
Many members of Congress have demanded that President Joe Biden ban it at the federal level. The federal government, like other state and foreign governments, has already banned TikTok from phones provided by federal agencies in order to protect data.
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TikTok CEO Shou Zi Chew was questioned by members of Congress during his testimony before the House Energy and Commerce Committee on March 23, 2023 about the social network's alleged threats to national security.
But banning the app altogether is another matter, which raises a number of questions: What risk does TikTok pose to data privacy? What could the Chinese government do with the data collected by the app? Is your content recommendation algorithm dangerous? Is it legal for a government to ban enforcement altogether? Is it possible to ban an app?
Vacuum data
As a cybersecurity researcher, I've observed that every few years a new mobile app that becomes popular raises security, privacy, and data access issues.
First, it worries that the Chinese government accesses the data of the 150 million users in the country and the algorithms it uses to display content.
The Chinese government is known for betting on long-term strategies, and data is power. If you're collecting data, it could take years to know how it will benefit you."
Doug Jacobson Professor and Researcher
Apps collect information for several reasons. Sometimes the data is used to improve the use of the application for users. However, most collect data that companies use in part to fund their operations. This revenue usually comes from advertising targeted to users based on the information obtained. The questions that suppose this fact are: Does the application need all this data? What do you do with them? And how does it protect them from third parties?
[Biden threatens to ban TikTok if China doesn't sell shares of the popular app to the U.S.]
But what makes TikTok different from other applications such as Pokemon-GO, Facebook or the cell phone itself? TikTok's privacy policy, which few people read, is a good starting point. In general, the company is not especially transparent about its practices. The document is too long to list here all the data it collects, which should be a warning.
There are some elements of interest in TikTok's privacy policy, in addition to the information you give them when you create an account — name, age, username, password, language, email, mobile number, social media account information, and profile picture — that are concerning. This information includes location data, clipboard data, contact information, website tracking, plus all data you post and messages you send through the app. The company claims that current versions of the app do not collect GPS information from U.S. users. There has been speculation that TikTok will keep other types of information, but it is difficult to prove it.
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If most apps collect data, why does TikTok worry the United States? First, it worries that the Chinese government accesses the data of the 150 million users in the country and how the application uses algorithms to display content.
Data in the hands of the Chinese government
If the data ends up in the hands of the Chinese government, the question is how it could use it to its advantage. Authorities could share them with other companies in China to help them make a profit, which is no different from U.S. companies sharing marketing data. The Chinese government is known for betting on long-term strategies, and data is power. If you're collecting data, it could take years to know how it will benefit you.
One potential threat is that the Chinese government will use the data to spy on people, especially those with access to valuable information. The Justice Department is investigating TikTok's parent company, ByteDance, for using the app to surveil American journalists. The Chinese government has a long history of hacking U.S. government agencies and companies, and much of that hacking has been facilitated by social engineering, the practice of using data on people to trick them into revealing more information.
[Why TikTok's security risks continue to raise concerns]
The second issue raised by the US government is the bias or manipulation of algorithms. TikTok and most social media apps have algorithms designed to learn about a user's interests and try to adjust the content so that the user continues to use the app. TikTok hasn't shared its algorithm, so it's unknown how it chooses a user's content.
One potential threat is that the Chinese government will use the data to spy on people, especially those with access to valuable information.
The algorithm could be biased in a way that influences the population to believe certain things. There are numerous accusations that TiKTok's algorithm is and can reinforce negative thoughts among younger users, and be used to influence public opinion. The algorithm's manipulative behavior may not be intentional, but there are concerns that the Chinese government has used or may use the algorithm to influence the population.
Can a government ban an app?
Montana's law aims to impose fines to force businesses to comply with its ban. It's unclear whether companies will do so, and this move is unlikely to deter users from finding solutions.
Meanwhile, if the federal government concludes that TikTok should be banned, is it even possible for the rule to cover its 150 million existing users? Such a ban would likely start by blocking the distribution of the app through the Apple and Google app stores. This could drive many users away from the platform, but there are other ways to download and install apps for those determined to use them.
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A more drastic method would be to force Apple and Google to change their phones to prevent TikTok from working on them. Although I am not an attorney, I believe this effort would fail because of legal challenges, including concerns about the First Amendment. The bottom line is that an absolute ban will be difficult to enforce.
There are also doubts about the effectiveness of a ban, even if it were possible. According to some estimates, the Chinese government has already collected personal information from at least 80% of the U.S. population by various means. So a veto could limit the damage in the future to some extent, but the Chinese government already has a significant amount of data. In addition, it also has access – along with anyone else with money – to the large market for personal data, fueling calls for stricter rules on data privacy.
[TikTok puts new rules on underage users with impact on mental health and well-being]
Are you at risk?
As an average user, should you worry? Again, it's unclear what data ByteDance collects and whether it can harm a person. I think the most important risks are for people with power, whether it's political power or within a company. Their data and information could be used to access other data or compromise the organizations they are associated with.
The aspect of TikTok that I find most concerning is the algorithm that decides which videos users watch and how it can affect vulnerable groups, especially young people. Regardless of a ban, families should have conversations about TikTok and other social media platforms and how they can be detrimental to mental health. These conversations should focus on how to determine if the app is leading you down an unhealthy path.
Doug Jacobson is a professor of computer and electrical engineering at Iowa State University.