TikTok: Technology Overview and Issues Updated October 21, 2020 Congressional Research Service

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TikTok: Technology Overview and Issues Updated October 21, 2020 Congressional Research Service ( tiktok-technology-overview-and-issues-updated-october-21-202 )

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TikTok: Technology Overview and Issues appear to forbid transfer of the For You algorithm, but the United States appears to require such a transfer. So, the legal requirements of each country are at odds with each other. On September 23, 2020, TikTok filed for an injunction in federal court to stop a ban on the app that is set to take effect on September 27, 2020. Discussion Some believe TikTok and other apps developed and owned by Chinese companies pose a serious security risk to the United States because Chinese companies are governed by China’s Cybersecurity Law. Others believe that TikTok is caught up in increasing trade tensions between China and the United States.43 Threat to Security Although TikTok forcefully states that it does not share U.S. user data with the Chinese government, many security and privacy advocates are skeptical. For example, in addition to the lawsuit cited above (see “Data Sharing”), the American Civil Liberties Union argues that “Chinese apps in particular have a reputation for grabbing more data than required to provide their services, often sending information to advertising networks ... [they] are frequently far more abusive than others....”44 The Chinese government obtains data about and created by its own citizens, for purposes that range from censorship to mass surveillance.45 Other countries have also taken action against TikTok on the grounds of security. India banned TikTok and 50 other Chinese apps in June 2020, calling them a “threat to sovereignty and integrity.”46 Also in June 2020, the European Union opened an investigation into TikTok to examine possible violations of its General Data Protection Regulation (GDPR).47 Australia had threatened to ban the app, but on August 4, 2020, the country’s Prime Minister indicated that TikTok would not be banned; however, he warned Australians against the app, saying it “connects 43 Kent Calder, “Opening Japan,” Foreign Policy, vol. 47 (Summer 1982 1982), pp. 82-97, at http://www.jstor.com/ stable/1148443. (Hereinafter, “Opening Japan.”) 44 “TikTok User Data: What Does the App Collect and Why Are U.S. Authorities Concerned?” 45 Isobel Cockerell, “Inside China’s Massive Surveillance Operation,” Wired.com, May 9, 2019, at https://www.wired.com/story/inside-chinas-massive-surveillance-operation/. 46 Kari Paul, “Should You Delete Tiktok? Here’s What Experts Say About the App Trump Wants to Ban,” The Guardian, July 16, 2020, at https://www.theguardian.com/technology/2020/jul/16/tiktok-video-sharing-app-should- you-delete-it. 47 Stephanie Bodoni, “TikTok Faces Scrutiny from Eu Watchdogs over Data Practices,” Bloomberg.com, June 10, 2020 (updated June 11, 2020), at https://www.bloomberg.com/news/articles/2020-06-10/tiktok-faces-scrutiny-from-eu- watchdogs-over-privacy-practices. For more information on the GDPR, see CRS In Focus IF10896, EU Data Protection Rules and U.S. Implications, by Rachel F. Fefer and Kristin Archick. Congressional Research Service 8

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