TikTok confirms it offered US government a 'kill switch'

🌈 Abstract

The article discusses TikTok's offer to the US government to give it the power to shut down the platform in an attempt to address lawmakers' data protection and national security concerns. TikTok is fighting against legislation that would ban the app in the US unless its Chinese parent company ByteDance sells it.

🙋 Q&A

[01] TikTok's "Kill Switch" Offer

1. What did TikTok offer the US government?

• TikTok offered the US government the power to shut down the platform as a "kill switch" in an attempt to address lawmakers' data protection and national security concerns.

2. What were the conditions of this "kill switch" offer?

• The "kill switch" would have given the US government the "explicit authority to suspend the platform in the United States at the US government's sole discretion" if TikTok did not follow certain rules.
• These rules included properly funding TikTok's data protection units and ensuring that ByteDance did not have access to US users' data.

3. How did the US government respond to this offer?

• According to TikTok, the US government "ceased any substantive negotiations" after TikTok proposed the new rules, and ignored requests to meet for further negotiations.
• The US government also did not respond to TikTok's invitation to visit and inspect its Dedicated Transparency Center in Maryland.

[02] TikTok's Legal Fight Against the Ban

1. What is the legislation that TikTok is fighting against?

• The legislation, signed by President Joe Biden, gives ByteDance until January 2024 to divest TikTok's US assets or face a ban.
• This legislation was born out of concerns that data belonging to TikTok's 170 million US users could be passed on to the Chinese government.

2. What are TikTok and ByteDance's arguments against the legislation?

• They argue that the law is a "radical departure from this country's tradition of championing an open Internet, and sets a dangerous precedent allowing the political branches to target a disfavored speech platform and force it to sell or be shut down."
• They also claim that the US government refused to engage in any serious settlement talks after 2022, despite their "kill switch" offer.

3. What is the current status of the legal fight?

• The US Court of Appeals for the District of Columbia will hold oral arguments on lawsuits filed by TikTok, ByteDance, and TikTok users in September.

[03] Concerns About Data Sharing with China

1. What are the concerns about TikTok sharing US user data with the Chinese government?

• There are concerns that data belonging to TikTok's 170 million US users could be passed on to the Chinese government.
• TikTok and ByteDance have always denied these claims.

2. What did a Wall Street Journal investigation find?

• The investigation in January 2024 found that some data was still being shared between TikTok in the US and ByteDance in China, despite TikTok's claims that US data does not leave the country.

3. What was the US government's response to the proposed solution?

• A US government official told the Washington Post that "the solution proposed by the parties at the time would be insufficient to address the serious national security risks presented," and that "divestment from its foreign ownership was and remains necessary."