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In the United States, social media service [[TikTok]] has faced many bans and attempted bans, both on a federal and state level. These bans have generally been justified with national security concerns, due to TikTok's ownership by the Chinese company [[ByteDance]]. As of April 2023, the app has been banned for use by federal employees and banned for use by state employees in 34 (out of 50) states.
In the United States, social media service [[TikTok]] has faced many bans and attempted bans, both on a federal and state level. These bans have generally been justified with national security concerns, due to TikTok's ownership by the Chinese company [[ByteDance]]. As of April 2023, the app has been banned for use by federal employees and banned for use by state employees in 34 (out of 50) states.


In May 2023, [[Montana]] became the first US state to ban TikTok on all personal devices operating within the state, though this will not take effect until January 1, 2024. The ban could be delayed if struck down by expected court challenges.<ref>{{Cite web |last=Thayer |first=Joel |date=2023-06-04 |title=The legal case for Montana’s TikTok ban |url=https://thehill.com/opinion/technology/4032379-the-legal-case-for-montanas-tiktok-ban/ |access-date=2023-06-08 |website=The Hill |language=en-US}}</ref>
In May 2023, [[Montana]] became the first state to ban TikTok on all personal devices operating within the state, though this will not take effect until January 1, 2024, assuming it is not delayed or struck down by expected court challenges.


==Federal==
==Federal==
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=== Trump administration ===
=== Trump administration ===
{{Main article|Donald Trump–TikTok controversy}}
{{Main article|Donald Trump–TikTok controversy}}
⚫
In 2020, the [[Federal government of the United States|U.S. government]] announced that it was considering banning the Chinese social media platform [[TikTok]] upon a request from then-U.S. president [[Donald Trump]], who viewed the app as a national security threat. The result was that TikTok owner [[ByteDance]]—which initially planned on selling a small portion of TikTok to an American company—agreed to [[Divestment|divest]] TikTok to prevent a ban in the United States and in other countries where restrictions are also being considered due to privacy concerns, which themselves are mostly related to its ownership by a firm based in China.
In January 2020, the United States Army and Navy banned TikTok on government devices after the [[United States Department of Defense|Defense Department]] pegged it as a security risk. Before the policy change, army recruiters had been using the platform to attract young people. Unofficial promotional videos continue to be posted on TikTok under personal accounts, drawing the ire of government officials, but they have also helped increase the number of enlistees; several accounts have millions of views and followers.<ref>{{cite news|last=Howe|first=Elizabeth|title=Army Recruiters on TikTok Dance Around Ban To Reach Gen Z|date=16 November 2021|publisher=Defense One|url=https://www.defenseone.com/policy/2021/11/army-recruiters-tiktok-dance-around-ban-reach-gen-z/186881/}}</ref><ref>{{cite news|last=Kelly|first=Makena|title=The Army is in hot water over TikTok recruiting activity|date=14 December 2021|publisher=The Verge|url=https://www.theverge.com/2021/12/14/22834405/tiktok-army-marco-rubio-ban-report-government-personal-devices}}</ref><ref>{{cite news|last=Sung|first=Morgan|title=TikTok-famous 'Island Boys' promote Army recruitment in Cameo|date=25 January 2022|publisher=NBC News|url=https://www.nbcnews.com/pop-culture/viral/tiktok-famous-island-boys-promote-army-recruitment-cameo-rcna13347}}</ref>

⚫
The [[Federal government of the United States|U.S. government]] announced that it was considering banning the Chinese social media platform [[TikTok]] upon a request from then-U.S. president [[Donald Trump]], who viewed the app as a national security threat. The result was that TikTok owner [[ByteDance]]—which initially planned on selling a small portion of TikTok to an American company—agreed to [[Divestment|divest]] TikTok to prevent a ban in the United States and in other countries where restrictions are also being considered due to privacy concerns, which themselves are mostly related to its ownership by a firm based in China.


TikTok would later announce plans to file legal action challenging the order's transactional prohibitions with U.S. companies.<ref>{{Cite web|title=TikTok Ban Lifted by Pakistan, Fourth Time in Past 15 Months|url=https://gadgets.ndtv.com/apps/news/tiktok-ban-pakistan-lift-back-content-vulgar-obscene-complaint-2620149|access-date=2021-11-25|website=NDTV Gadgets 360|date=November 22, 2021|language=en|archive-date=2021-11-25|archive-url=https://web.archive.org/web/20211125071424/https://gadgets.ndtv.com/apps/news/tiktok-ban-pakistan-lift-back-content-vulgar-obscene-complaint-2620149|url-status=live}}</ref> The lawsuit against the [[Presidency of Donald Trump|Trump administration]]'s order was filed on August 24, and contended that the administration's order was motivated by Trump's efforts to boost re-election support through [[protectionism|protectionist]] trade policies aimed at China. A separate suit filed the same day by TikTok's U.S. technical [[Program management|program manager]] Patrick Ryan against Trump and [[United States Secretary of Commerce|Secretary of Commerce]] [[Wilbur Ross]] sought a [[Injunction#Temporary restraining orders|temporary restraining order]] (TRO), arguing that his [[due process]] rights were violated and the ban was an "unconstitutional taking" of Ryan's property under the [[Fifth Amendment to the United States Constitution|Fifth Amendment]]; the suit also claimed Trump's action was likely a retaliation because of the TikTok pranks targeting the June 20 campaign rally.
TikTok would later announce plans to file legal action challenging the order's transactional prohibitions with U.S. companies.<ref>{{Cite web|title=TikTok Ban Lifted by Pakistan, Fourth Time in Past 15 Months|url=https://gadgets.ndtv.com/apps/news/tiktok-ban-pakistan-lift-back-content-vulgar-obscene-complaint-2620149|access-date=2021-11-25|website=NDTV Gadgets 360|date=November 22, 2021|language=en|archive-date=2021-11-25|archive-url=https://web.archive.org/web/20211125071424/https://gadgets.ndtv.com/apps/news/tiktok-ban-pakistan-lift-back-content-vulgar-obscene-complaint-2620149|url-status=live}}</ref> The lawsuit against the [[Presidency of Donald Trump|Trump administration]]'s order was filed on August 24, and contended that the administration's order was motivated by Trump's efforts to boost re-election support through [[protectionism|protectionist]] trade policies aimed at China. A separate suit filed the same day by TikTok's U.S. technical [[Program management|program manager]] Patrick Ryan against Trump and [[United States Secretary of Commerce|Secretary of Commerce]] [[Wilbur Ross]] sought a [[Injunction#Temporary restraining orders|temporary restraining order]] (TRO), arguing that his [[due process]] rights were violated and the ban was an "unconstitutional taking" of Ryan's property under the [[Fifth Amendment to the United States Constitution|Fifth Amendment]]; the suit also claimed Trump's action was likely a retaliation because of the TikTok pranks targeting the June 20 campaign rally.
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=== Biden administration ===
=== Biden administration ===
On June 9, 2021, the [[Biden administration]] issued Executive Order 14034, "Protecting Americans' Sensitive Data from Foreign Adversaries" ("EO 14034"). EO 14034, overturning three executive orders signed by Donald Trump: [[Executive Order 13942]], Executive Order 13943, and [[Executive Order 13971]]. Despite revoking these executive orders, the Biden administration's EO 14304 has called upon other federal agencies to continue a broad review of foreign-owned applications set to continuously inform the President of the risk that the applications pose to personal data and national security.<ref>{{Cite web|last=Brown|first=Abram|title=Let's Talk About What Biden Just Did With Trump's TikTok Ban|url=https://www.forbes.com/sites/abrambrown/2021/06/09/lets-talk-about-what-biden-just-did-with-trumps-tiktok-ban/|access-date=2021-11-26|website=Forbes|language=en|archive-date=2021-11-26|archive-url=https://web.archive.org/web/20211126044249/https://www.forbes.com/sites/abrambrown/2021/06/09/lets-talk-about-what-biden-just-did-with-trumps-tiktok-ban/|url-status=live}}</ref> The White House said that, "The Biden Administration is committed to promoting an open, interoperable, reliable, and secure Internet; protecting human rights online and offline; and supporting a vibrant, global [[digital economy]]."<ref>{{Cite web|title=Biden reverses Trump's effort to ban TikTok, orders broader review of foreign-owned apps|url=https://www.nbcnews.com/politics/white-house/biden-reverses-trump-s-effort-ban-tiktok-orders-broader-review-n1270133|access-date=2021-11-26|website=NBC News|date=June 9, 2021 |language=en|archive-date=2021-11-26|archive-url=https://web.archive.org/web/20211126044248/https://www.nbcnews.com/politics/white-house/biden-reverses-trump-s-effort-ban-tiktok-orders-broader-review-n1270133|url-status=live}}</ref>
On June 9, 2021, the [[Biden Administration]] issued Executive Order 14034, "Protecting Americans' Sensitive Data from Foreign Adversaries" ("EO 14034").  EO 14034, overturning three Executive Orders signed by Donald Trump: [[Executive Order 13942]], Executive Order 13943, and [[Executive Order 13971]]. Despite revoking these Executive Orders, the Biden Administration's EO 14304 has called upon other federal agencies to continue a broad review of foreign-owned applications set to continuously inform the President of the risk that the applications pose to personal data and national security.<ref>{{Cite web|last=Brown|first=Abram|title=Let's Talk About What Biden Just Did With Trump's TikTok Ban|url=https://www.forbes.com/sites/abrambrown/2021/06/09/lets-talk-about-what-biden-just-did-with-trumps-tiktok-ban/|access-date=2021-11-26|website=Forbes|language=en|archive-date=2021-11-26|archive-url=https://web.archive.org/web/20211126044249/https://www.forbes.com/sites/abrambrown/2021/06/09/lets-talk-about-what-biden-just-did-with-trumps-tiktok-ban/|url-status=live}}</ref> The White House said that, "The Biden Administration is committed to promoting an open, interoperable, reliable, and secure Internet; protecting human rights online and offline; and supporting a vibrant, global [[digital economy]]."<ref>{{Cite web|title=Biden reverses Trump's effort to ban TikTok, orders broader review of foreign-owned apps|url=https://www.nbcnews.com/politics/white-house/biden-reverses-trump-s-effort-ban-tiktok-orders-broader-review-n1270133|access-date=2021-11-26|website=NBC News|date=June 9, 2021 |language=en|archive-date=2021-11-26|archive-url=https://web.archive.org/web/20211126044248/https://www.nbcnews.com/politics/white-house/biden-reverses-trump-s-effort-ban-tiktok-orders-broader-review-n1270133|url-status=live}}</ref>


On December 30, 2022, President [[Joe Biden]] approved the [[No TikTok on Government Devices Act]], prohibiting the use of the app on devices owned by the federal government, with some exceptions.<ref>{{cite news|last=Ingram|first=David|title=Biden signs TikTok ban for government devices, setting up a chaotic 2023 for the app|url=https://www.nbcnews.com/tech/tech-news/tiktok-ban-biden-government-college-state-federal-security-privacy-rcna63724|work=NBC News|date=December 30, 2022|access-date=January 1, 2023|archive-date=January 1, 2023|archive-url=https://web.archive.org/web/20230101212713/https://www.nbcnews.com/tech/tech-news/tiktok-ban-biden-government-college-state-federal-security-privacy-rcna63724|url-status=live}}</ref> Days after the Biden administration called on ByteDance, which owns TikTok, to sell the platform or face a ban, law enforcement officials disclosed that an investigation into TikTok was taking place. On March 17, 2023, the FBI and US Justice Department officially launched an investigation of TikTok, including allegations that the company spied on American journalists.<ref>{{Cite web |title=The DOJ and FBI are investigating TikTok over allegations that employees spied on journalists |url=https://www.nbcnews.com/politics/justice-department/doj-fbi-are-investigating-tiktok-allegations-employees-spied-journalis-rcna75497 |access-date=2023-03-20 |website=NBC News |date=March 17, 2023 |language=en}}</ref>
On December 30, 2022, President [[Joe Biden]] approved the [[No TikTok on Government Devices Act]], prohibiting the use of the app on devices owned by the federal government, with some exceptions.<ref>{{cite news|last=Ingram|first=David|title=Biden signs TikTok ban for government devices, setting up a chaotic 2023 for the app|url=https://www.nbcnews.com/tech/tech-news/tiktok-ban-biden-government-college-state-federal-security-privacy-rcna63724|work=NBC News|date=December 30, 2022|access-date=January 1, 2023|archive-date=January 1, 2023|archive-url=https://web.archive.org/web/20230101212713/https://www.nbcnews.com/tech/tech-news/tiktok-ban-biden-government-college-state-federal-security-privacy-rcna63724|url-status=live}}</ref> Days after the Biden administration called on ByteDance, which owns TikTok, to sell the platform or face a ban, law enforcement officials disclosed that an investigation into TikTok was taking place. On March 17, 2023, the FBI and US Justice Department officially launched an investigation of TikTok, including allegations that the company spied on American journalists.<ref>{{Cite web |title=The DOJ and FBI are investigating TikTok over allegations that employees spied on journalists |url=https://www.nbcnews.com/politics/justice-department/doj-fbi-are-investigating-tiktok-allegations-employees-spied-journalis-rcna75497 |access-date=2023-03-20 |website=NBC News |date=March 17, 2023 |language=en}}</ref>
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==== Montana ====
==== Montana ====
On April 14, 2023, [[Montana]] became the first state to pass legislation banning TikTok on all personal devices operating within state lines, and barring app stores from offering TikTok for download.<ref name="mtt">{{cite web |last1=Fung|first1=Brian|title=Montana lawmakers vote to completely ban TikTok in the state |url=https://www.cnn.com/2023/04/14/tech/montana-house-tiktok-ban/index.html|website=CNN Business |date=14 April 2023 |access-date=14 April 2023}}</ref><ref name="mtnyt">{{cite web |last1=McCabe|first1=David|title=Montana Legislature Approves Outright Ban of TikTok|url=https://www.nytimes.com/2023/04/14/technology/montana-tiktok-ban-passed.html|website=The New York Times|date=14 April 2023 |access-date=14 April 2023}}</ref><ref name="mtbg">{{cite web |last1=Michels|first1=Holly|title=Montana Legislature passes TikTok ban|url=https://billingsgazette.com/news/state-and-regional/govt-and-politics/montana-legislature-passes-tiktok-ban/article_af21804c-52d9-52ea-b5fc-748a0bcbd239.html|website=Billings Gazette|date=14 April 2023 |access-date=14 April 2023}}</ref> Governor [[Greg Gianforte]] signed the bill, Senate Bill 419, into law on May 17,<ref name="Greg">{{cite news|last1=Hanson|first1=Amy Beth|last2=Hadero|first2=Haleluya|title=Montana says 1st-in-nation TikTok ban protects people. TikTok says it violates their rights|url=https://apnews.com/article/tiktok-ban-montana-325a33578a2bbfbe53e9c251d528c5fb|work=[[Associated Press]]|date=17 May 2023}}</ref> claiming he had banned TikTok "to protect Montanans’ personal and private data from the Chinese Communist Party."<ref>{{Cite web |last=Delouya |first=Samantha |date=2023-05-17 |title=Montana governor bans TikTok {{!}} CNN Business |url=https://www.cnn.com/2023/05/17/tech/montana-governor-tiktok/index.html |access-date=2023-05-18 |website=CNN |language=en}}</ref> The law takes effect January 1, 2024,<ref name="Greg" /> though Montana content creators filed suit against the state once the bill was signed.<ref>[https://www.reuters.com/legal/tiktok-users-file-lawsuit-block-montana-ban-2023-05-18/ TikTok users file lawsuit to block Montana ban] [[Reuters]]</ref><ref>[https://www.cnn.com/2023/05/18/tech/tiktok-montana-lawsuit/index.html TikTok creators sue Montana over app ban] [[CNN]]</ref>
On April 14, 2023, [[Montana]] became the first state to pass legislation banning TikTok on all personal devices operating within state lines, and barring app stores from offering TikTok for download.<ref name="mtt">{{cite web |last1=Fung|first1=Brian|title=Montana lawmakers vote to completely ban TikTok in the state |url=https://www.cnn.com/2023/04/14/tech/montana-house-tiktok-ban/index.html|website=CNN Business |date=14 April 2023 |access-date=14 April 2023}}</ref><ref name="mtnyt">{{cite web |last1=McCabe|first1=David|title=Montana Legislature Approves Outright Ban of TikTok|url=https://www.nytimes.com/2023/04/14/technology/montana-tiktok-ban-passed.html|website=The New York Times|date=14 April 2023 |access-date=14 April 2023}}</ref><ref name="mtbg">{{cite web |last1=Michels|first1=Holly|title=Montana Legislature passes TikTok ban|url=https://billingsgazette.com/news/state-and-regional/govt-and-politics/montana-legislature-passes-tiktok-ban/article_af21804c-52d9-52ea-b5fc-748a0bcbd239.html|website=Billings Gazette|date=14 April 2023 |access-date=14 April 2023}}</ref> Governor [[Greg Gianforte]] signed the bill, Senate Bill 419, into law on May 17,<ref name="Greg">{{cite news|last1=Hanson|first1=Amy Beth|last2=Hadero|first2=Haleluya|title=Montana says 1st-in-nation TikTok ban protects people. TikTok says it violates their rights|url=https://apnews.com/article/tiktok-ban-montana-325a33578a2bbfbe53e9c251d528c5fb|work=[[Associated Press]]|date=17 May 2023}}</ref> claiming he had banned Tik Tok "to protect Montanans’ personal and private data from the Chinese Communist Party."<ref>{{Cite web |last=Delouya |first=Samantha |date=2023-05-17 |title=Montana governor bans TikTok {{!}} CNN Business |url=https://www.cnn.com/2023/05/17/tech/montana-governor-tiktok/index.html |access-date=2023-05-18 |website=CNN |language=en}}</ref> The law takes effect January 2024,<ref name="Greg" /> though Montana content creators filed suit against the state once the bill was signed.<ref>[https://www.reuters.com/legal/tiktok-users-file-lawsuit-block-montana-ban-2023-05-18/ TikTok users file lawsuit to block Montana ban] [[Reuters]]</ref><ref>[https://www.cnn.com/2023/05/18/tech/tiktok-montana-lawsuit/index.html TikTok creators sue Montana over app ban] [[CNN]]</ref>


Lobbying group [[NetChoice]] argued that the ban is an unconstitutional [[bill of attainder]] and also violates the freedom of speech clause of the [[First Amendment to the United States Constitution|First Amendment]].<ref name="TheVergeInfo">{{Cite web |last=Robertson |first=Adi |date=May 17, 2023 |title=TikTok is now banned in Montana |url=https://www.theverge.com/2023/5/17/23686294/montana-tiktok-ban-signed-governor-gianforte-court |url-status=live |archive-url=https://web.archive.org/web/20230517224933/https://www.theverge.com/2023/5/17/23686294/montana-tiktok-ban-signed-governor-gianforte-court |archive-date=May 17, 2023 |access-date=May 17, 2023 |work=[[The Verge]]}}</ref> Hours after the bill was signed into law, five TikTok creators filed a lawsuit in the [[United States District Court for the District of Montana]] against the state. A spokeswoman for Montana Attorney General [[Austin Knudsen]] said that the state is "fully prepared to defend the law".<ref>{{Cite web |last=Fung |first=Brian |date=May 18, 2023 |title=TikTok creators sue Montana over app ban |url=https://www.cnn.com/2023/05/18/tech/tiktok-montana-lawsuit/index.html |url-status=live |archive-url=https://web.archive.org/web/20230518220152/https://www.cnn.com/2023/05/18/tech/tiktok-montana-lawsuit/index.html |archive-date=May 18, 2023 |access-date=May 18, 2023 |publisher=[[CNN]]}}</ref>
Lobbying group [[NetChoice]] argued that the ban is an unconstitutional [[bill of attainder]] and also violates the freedom of speech clause of the [[First Amendment to the United States Constitution|First Amendment]].<ref name="TheVergeInfo">{{Cite web |last=Robertson |first=Adi |date=May 17, 2023 |title=TikTok is now banned in Montana |url=https://www.theverge.com/2023/5/17/23686294/montana-tiktok-ban-signed-governor-gianforte-court |url-status=live |archive-url=https://web.archive.org/web/20230517224933/https://www.theverge.com/2023/5/17/23686294/montana-tiktok-ban-signed-governor-gianforte-court |archive-date=May 17, 2023 |access-date=May 17, 2023 |work=[[The Verge]]}}</ref> Hours after the bill was signed into law, five TikTok creators filed a lawsuit in the [[United States District Court for the District of Montana]] against the state. A spokeswoman for Montana Attorney General [[Austin Knudsen]] said that the state is "fully prepared to defend the law".<ref>{{Cite web |last=Fung |first=Brian |date=May 18, 2023 |title=TikTok creators sue Montana over app ban |url=https://www.cnn.com/2023/05/18/tech/tiktok-montana-lawsuit/index.html |url-status=live |archive-url=https://web.archive.org/web/20230518220152/https://www.cnn.com/2023/05/18/tech/tiktok-montana-lawsuit/index.html |archive-date=May 18, 2023 |access-date=May 18, 2023 |publisher=[[CNN]]}}</ref>


The law faces technical restrictions. The [[App Store (iOS/iPadOS)|App Store]] and [[Google Play Store]] track users by country, not by state, and would need to define the behavior when a user crosses state lines. While [[Apple, Inc.|Apple]] and [[Google]] may be able to use [[IP address]]es to track device locations, users may be able to use a [[virtual private network]] (VPN) to circumvent the restriction. If these app stores are found to be hosting TikTok for Montana users, violators could face fines of $10,000 per day.<ref>{{Cite web |last=Delouya |first=Samantha |date=2023-05-17 |title=Montana governor bans TikTok {{!}} CNN Business |url=https://www.cnn.com/2023/05/17/tech/montana-governor-tiktok/index.html |access-date=2023-05-21 |website=CNN |language=en}}</ref> TikTok has stated that it would need to collect data from users in order to comply with the bill.<ref>{{Cite news |last=Harwell |first=Drew |date=May 19, 2023 |title=Montana can ban TikTok, but it probably can't enforce it |url=https://www.washingtonpost.com/technology/2023/05/19/montana-tik-tok-ban-challenges/ |access-date=May 19, 2023 |newspaper=[[The Washington Post]]}}</ref>
The law faces technical restrictions. The [[App Store (iOS/iPadOS)|App Store]] and [[Google Play Store]] track users by country, not by state, and would need to define the behavior when a user crosses state lines. While [[Apple, Inc.|Apple]] and [[Google]] may be able to use [[IP address|IP addresses]] to track device locations, users may be able to use a [[virtual private network]] (VPN) to circumvent the restriction. If these app stores are found to be hosting TikTok for Montana users, violators could face fines of $10,000 per day.<ref>{{Cite web |last=Delouya |first=Samantha |date=2023-05-17 |title=Montana governor bans TikTok {{!}} CNN Business |url=https://www.cnn.com/2023/05/17/tech/montana-governor-tiktok/index.html |access-date=2023-05-21 |website=CNN |language=en}}</ref> TikTok has stated that it would need to collect data from users in order to comply with the bill.<ref>{{Cite news |last=Harwell |first=Drew |date=May 19, 2023 |title=Montana can ban TikTok, but it probably can't enforce it |url=https://www.washingtonpost.com/technology/2023/05/19/montana-tik-tok-ban-challenges/ |access-date=May 19, 2023 |newspaper=[[The Washington Post]]}}</ref>


== NATO ==
== Security ==
{{Further|National Intelligence Law of the People's Republic of China}}
On March 31, 2023, the [[North Atlantic Treaty Organization]] (NATO) announced the ban of TikTok on all NATO-issued devices. A letter sent out to its staff cited security concerns over user data being accessible to the Chinese government.<ref>{{Cite web |last=Bertrand |first=Natasha |date=March 31, 2023 |title=NATO bans TikTok on devices |website=[[CNN]] |url=https://www.cnn.com/2023/03/31/tech/nato-tiktok-ban/index.html}}</ref>
On March 31, 2023, the North Atlantic Treaty Organization, also called NATO, announced the ban of TikTok on all NATO-issued devices. The letter that was sent out to staff cited security concerns. NATO is the latest governmental body to ban the app over concerns about the Chinese government accessing user data through its parent company ByteDance.<ref>{{Cite web |last=Bertrand |first=Natasha |date=March 31, 2023 |title=NATO bans TikTok on devices |website=[[CNN]] |url=https://www.cnn.com/2023/03/31/tech/nato-tiktok-ban/index.html}}</ref>

The [[Federal Bureau of Investigation]] and U.S. [[United States Department of Justice|Department of Justice]] are investigating TikTok. On March 16, 2023, Forbes disclosed the news of the probe.<ref name=":0">{{Cite web |last=Baker-White |first=Emily |date=March 16, 2023 |title=The FBI And DOJ Are Investigating ByteDance's Use Of TikTok To Spy On Journalists |website=[[Forbes]] |url=https://www.forbes.com/sites/emilybaker-white/2023/03/16/fbi-doj-investigating-bytedance-tiktok-surveillance-journalists/?sh=f2ac81fa6fc2}}</ref> They cite that the U.S. Attorney for the Eastern District of Virginia, has subpoenaed information from the company ByteDance regarding efforts that were made to access U.S. journalist's private user data using the TikTok app.<ref name=":0" />


== Public opinion ==
== Public opinion ==
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A March 2023 poll from ''[[The Washington Post]]'', surveying 1,027 American adults, found that 41% supported the federal government banning TikTok, while 25% remain opposed to a ban.<ref>{{cite news|last=Mueller|first=Julia|title=More than 40 percent of Americans support banning TikTok: poll|url=https://thehill.com/policy/technology/3913503-more-than-40-percent-of-americans-support-banning-tiktok-poll/|work=[[The Hill (newspaper)|The Hill]]|date=22 February 2023}}</ref> Later that month, a poll by the ''[[New York Post]]'' surveyed over 2,000 U.S. voters, and found that 61% supported the federal government banning TikTok, while 39% remain opposed to a ban.<ref>{{Cite web |last=Christenson |first=Josh |date=March 23, 2023 |title=Most Americans want to ban TikTok — but not this age group, poll finds |url=https://nypost.com/2023/03/23/most-americans-want-to-ban-tiktok-not-gen-z-poll/|work=[[New York Post]]}}</ref> Another March poll, from ''[[Pew Research Center]]'', found twice as many adult Americans support the U.S. government's ban on TikTok as oppose it (50% vs. 22%), though a significant portion (28%) remain unsure.<ref>{{cite news|last1=Laura|first1=Silver|last2=Laura|first2=Clancy|title=By more than two-to-one, Americans support U.S. government banning TikTok|url=https://www.pewresearch.org/fact-tank/2023/03/31/by-a-more-than-two-to-one-margin-americans-support-us-government-banning-tiktok/|work=[[Pew Research Center]]|date=March 31, 2023|access-date=April 1, 2023|archive-date=April 1, 2023|archive-url=https://web.archive.org/web/20230402014419/https://www.pewresearch.org/fact-tank/2023/03/31/by-a-more-than-two-to-one-margin-americans-support-us-government-banning-tiktok/|url-status=live}}</ref>
A March 2023 poll from ''[[The Washington Post]]'', surveying 1,027 American adults, found that 41% supported the federal government banning TikTok, while 25% remain opposed to a ban.<ref>{{cite news|last=Mueller|first=Julia|title=More than 40 percent of Americans support banning TikTok: poll|url=https://thehill.com/policy/technology/3913503-more-than-40-percent-of-americans-support-banning-tiktok-poll/|work=[[The Hill (newspaper)|The Hill]]|date=22 February 2023}}</ref> Later that month, a poll by the ''[[New York Post]]'' surveyed over 2,000 U.S. voters, and found that 61% supported the federal government banning TikTok, while 39% remain opposed to a ban.<ref>{{Cite web |last=Christenson |first=Josh |date=March 23, 2023 |title=Most Americans want to ban TikTok — but not this age group, poll finds |url=https://nypost.com/2023/03/23/most-americans-want-to-ban-tiktok-not-gen-z-poll/|work=[[New York Post]]}}</ref> Another March poll, from ''[[Pew Research Center]]'', found twice as many adult Americans support the U.S. government's ban on TikTok as oppose it (50% vs. 22%), though a significant portion (28%) remain unsure.<ref>{{cite news|last1=Laura|first1=Silver|last2=Laura|first2=Clancy|title=By more than two-to-one, Americans support U.S. government banning TikTok|url=https://www.pewresearch.org/fact-tank/2023/03/31/by-a-more-than-two-to-one-margin-americans-support-us-government-banning-tiktok/|work=[[Pew Research Center]]|date=March 31, 2023|access-date=April 1, 2023|archive-date=April 1, 2023|archive-url=https://web.archive.org/web/20230402014419/https://www.pewresearch.org/fact-tank/2023/03/31/by-a-more-than-two-to-one-margin-americans-support-us-government-banning-tiktok/|url-status=live}}</ref>

===Objections===
Attempts to ban TikTok in the United States have been described as hypocritical. Its unique advantage as the headquarters of most global Internet companies has allowed the United States to place hundreds of thousands of foreigners, sometimes its own citizens as well, under surveillance every year with discretionary powers that can extend beyond national security concerns.<ref name=aj20230328>{{Cite web |last=Hale |first=Erin |title=US says China can spy with TikTok. It spies on world with Google |url=https://www.aljazeera.com/economy/2023/3/28/bid-to-ban-tiktok-raises-hypocrisy-charge-amid-global-spying |access-date=2023-05-22 |website=www.aljazeera.com |language=en}}</ref>

They have also raised the question of whether protectionism of its own corporations, rather than privacy concerns, is the primary motivation of the US government. The types of data collected by TikTok are also collected by other social media platforms and available for purchase by commercial and state entities through brokers, often without oversight.<ref name=aj20230328 /> TikTok already complies with legal requests from the US government for information, including that of its users.<ref name=csischin>{{Cite news |last=Chin |first=Caitlin |title=U.S. Digital Privacy Troubles Do Not Start or End with TikTok |date=6 October 2022 |url=https://www.csis.org/analysis/us-digital-privacy-troubles-do-not-start-or-end-tiktok}}</ref> Caitlin Chin, a fellow at the [[Center for Strategic and International Studies]], believes that in a globalised and increasingly digital economy, it would make more sense to focus on the protection of data directly rather than on any particular platform.<ref name=csischin />


===Industry response===
===Industry response===
Line 324: Line 320:
==Potential implications==
==Potential implications==


The Committee on Foreign Investment in the U.S. (CFIUS) threatened to ban TikTok if ByteDance wouldn't sell its stake. CFIUS is a government agency that reviews foreign investments in U.S. companies for national security reasons. In this case, CFIUS was concerned that TikTok could be used by the Chinese government to gather data on U.S. citizens.<ref>{{cite magazine|last=Raymond|first=Matt|title=Why the U.S. Wants to Ban TikTok|url=https://time.com/6263851/why-us-wants-to-ban-tiktok/|magazine=[[Time (magazine)|Time]]|date=August 10, 2021|access-date=April 2, 2023}}</ref>
The Committee on Foreign Investment in the U.S. (CFIUS) threatened to ban TikTok if ByteDance wouldn’t sell its stake. CFIUS is a government agency that reviews foreign investments in U.S. companies for national security reasons. In this case, CFIUS was concerned that TikTok could be used by the Chinese government to gather data on U.S. citizens.<ref>{{cite magazine|last=Raymond|first=Matt|title=Why the U.S. Wants to Ban TikTok|url=https://time.com/6263851/why-us-wants-to-ban-tiktok/|magazine=[[Time (magazine)|Time]]|date=August 10, 2021|access-date=April 2, 2023}}</ref>


If TikTok is banned in the U.S., Americans will not possess the ability to connect to the app with just a [[VPN]]. Instead, those who wish to continue using the app may need to use a proxy server or a secure browser, in order to circumvent a ban.<ref>{{cite web|url=https://www.cnbc.com/2023/03/17/how-a-tiktok-ban-in-the-us-might-work-and-challenges-it-raises.html|title=How a TikTok ban in the US might work — and the challenges it raises|last=Deighton|first=Katie|website=CNBC|date=March 17, 2023|access-date=April 2, 2023}}</ref>
If TikTok is banned in the U.S., Americans will not possess the ability to connect to the app with just a [[VPN]]. Instead, those who wish to continue using the app may need to use a proxy server or a secure browser, in order to circumvent a ban.<ref>{{cite web|url=https://www.cnbc.com/2023/03/17/how-a-tiktok-ban-in-the-us-might-work-and-challenges-it-raises.html|title=How a TikTok ban in the US might work — and the challenges it raises|last=Deighton|first=Katie|website=CNBC|date=March 17, 2023|access-date=April 2, 2023}}</ref>

Revision as of 20:46, 24 June 2023

In the United States, social media service TikTok has faced many bans and attempted bans, both on a federal and state level. These bans have generally been justified with national security concerns, due to TikTok's ownership by the Chinese company ByteDance. As of April 2023, the app has been banned for use by federal employees and banned for use by state employees in 34 (out of 50) states.

In May 2023, Montana became the first state to ban TikTok on all personal devices operating within the state, though this will not take effect until January 1, 2024, assuming it is not delayed or struck down by expected court challenges.

Federal

Executive Order 14034 ("EO 14034"), "Protecting Americans' Sensitive Data from Foreign Adversaries"

Trump administration

Main article: Donald Trump–TikTok controversy

In 2020, the U.S. government announced that it was considering banning the Chinese social media platform TikTok upon a request from then-U.S. president Donald Trump, who viewed the app as a national security threat. The result was that TikTok owner ByteDance—which initially planned on selling a small portion of TikTok to an American company—agreed to divest TikTok to prevent a ban in the United States and in other countries where restrictions are also being considered due to privacy concerns, which themselves are mostly related to its ownership by a firm based in China.

TikTok would later announce plans to file legal action challenging the order's transactional prohibitions with U.S. companies.[1] The lawsuit against the Trump administration's order was filed on August 24, and contended that the administration's order was motivated by Trump's efforts to boost re-election support through protectionist trade policies aimed at China. A separate suit filed the same day by TikTok's U.S. technical program manager Patrick Ryan against Trump and Secretary of Commerce Wilbur Ross sought a temporary restraining order (TRO), arguing that his due process rights were violated and the ban was an "unconstitutional taking" of Ryan's property under the Fifth Amendment; the suit also claimed Trump's action was likely a retaliation because of the TikTok pranks targeting the June 20 campaign rally.

American technology company Microsoft had previously proposed an idea to acquire TikTok's algorithm and other artificial intelligence technology, but this was declined by ByteDance, as its executives expressed concern that it would likely be opposed by the Chinese government, which criticized the Trump administration's order previously as a "smash and grab" forced sale and (on September 13, 2021) suggested it would prefer the shuttering of U.S. operations over such a sale.

Biden administration

On June 9, 2021, the Biden Administration issued Executive Order 14034, "Protecting Americans' Sensitive Data from Foreign Adversaries" ("EO 14034").  EO 14034, overturning three Executive Orders signed by Donald Trump: Executive Order 13942, Executive Order 13943, and Executive Order 13971. Despite revoking these Executive Orders, the Biden Administration's EO 14304 has called upon other federal agencies to continue a broad review of foreign-owned applications set to continuously inform the President of the risk that the applications pose to personal data and national security.[2] The White House said that, "The Biden Administration is committed to promoting an open, interoperable, reliable, and secure Internet; protecting human rights online and offline; and supporting a vibrant, global digital economy."[3]

On December 30, 2022, President Joe Biden approved the No TikTok on Government Devices Act, prohibiting the use of the app on devices owned by the federal government, with some exceptions.[4] Days after the Biden administration called on ByteDance, which owns TikTok, to sell the platform or face a ban, law enforcement officials disclosed that an investigation into TikTok was taking place. On March 17, 2023, the FBI and US Justice Department officially launched an investigation of TikTok, including allegations that the company spied on American journalists.[5]

On January 25, 2023, Missouri Senator Josh Hawley introduced a bill to ban the platform nationwide. It was later blocked in the Senate by a forced vote on 29 March 2023.[6]

In Feb-March 2023, the DATA Act and the RESTRICT Act were both introduced in the House of Representatives and Senate, respectively. The DATA Act, introduced on February 24 by Michael McCaul, aimed to ban selling non-public personal data to third-party buyers.[7] On March 7, Senator Mark Warner introduced the RESTRICT Act: if passed, it would give the Secretary of Commerce authority to review business transactions made by IT service and product vendors tied to designated "foreign adversaries" if they present an undue threat to national security, and have more than one million active users in the United States. The legislation would allow for the enforcement of orders and other mitigation measures, which could include mandatory divestment, or being prohibited from doing business in the United States.[8]

States

Employee and student bans

Banning of TikTok on state government devices by U.S. state[needs update]
  Ban enacted by Republican official
  Ban enacted by Democratic official
  Ban enacted by government agency
  No ban

As of April 2023,[9][10] at least 34 (of 50) states have announced or enacted bans on state government agencies, employees, and contractors using TikTok on government-issued devices. State bans only affect government employees and do not prohibit civilians from having or using the app on their personal devices.

State Ban enacted by Political party Date Source
Alabama Governor
Kay Ivey 		Republican December 13, 2022 [11]
Alaska Governor
Mike Dunleavy 		Republican January 6, 2023 [12]
Arizona Governor
Katie Hobbs 		Democratic April 5, 2023 [13]
Arkansas Governor
Sarah Huckabee Sanders 		Republican January 10, 2023 [14]
Delaware Delaware Department of Technology and Information N/A January 19, 2023 [15]
Florida Chief financial officer
Jimmy Patronis 		Republican August 11, 2020 [16]
Georgia Governor
Brian Kemp 		Republican December 15, 2022 [17]
Idaho Governor
Brad Little 		Republican December 14, 2022 [18]
Indiana Indiana Office of Technology N/A December 7, 2022 [19]
Iowa Governor
Kim Reynolds 		Republican December 13, 2022 [20]
Kansas Governor
Laura Kelly 		Democratic December 28, 2022 [21]
Kentucky Governor
Andy Beshear 		Democratic January 12, 2023 [22][23]
Louisiana Secretary of State
Kyle Ardoin 		Republican December 19, 2022 [24]
Maine Maine Information Technology N/A January 19, 2023 [25]
Maryland Governor
Larry Hogan 		Republican December 6, 2022 [26]
Mississippi Governor
Tate Reeves 		Republican January 11, 2023 [27]
Montana Governor
Greg Gianforte 		Republican December 16, 2022 [28]
Nebraska Governor
Pete Ricketts 		Republican August 12, 2020 [29]
Nevada Governor
Joe Lombardo 		Republican March 28, 2023 [30]
New Hampshire Governor
Chris Sununu 		Republican December 15, 2022 [17]
New Jersey Governor
Phil Murphy 		Democratic January 9, 2023 [31]
North Carolina Governor
Roy Cooper 		Democratic January 12, 2023 [32]
North Dakota Governor
Doug Burgum 		Republican December 13, 2022 [33]
Ohio Governor
Mike DeWine 		Republican January 8, 2023 [34]
Oklahoma Governor
Kevin Stitt 		Republican December 8, 2022 [35]
South Carolina Governor
Henry McMaster 		Republican December 5, 2022 [36][37]
South Dakota Governor
Kristi Noem 		Republican November 29, 2022 [38]
Tennessee Governor
Bill Lee 		Republican December 10, 2022 [39]
Texas Governor
Greg Abbott 		Republican December 7, 2022 [40]
Utah Governor
Spencer Cox 		Republican December 12, 2022 [41]
Vermont Governor
Phil Scott 		Republican February 20, 2023 [42]
Virginia Governor
Glenn Youngkin 		Republican December 16, 2022 [43]
Wisconsin Governor
Tony Evers 		Democratic January 12, 2023 [44]
Wyoming Governor
Mark Gordon 		Republican December 15, 2022 [45]

Universities

Following state bans, some public universities have also opted to ban TikTok on-campus Wi-Fi and university-owned computers. These include, but are not limited to:

Public bans

Montana

On April 14, 2023, Montana became the first state to pass legislation banning TikTok on all personal devices operating within state lines, and barring app stores from offering TikTok for download.[55][56][57] Governor Greg Gianforte signed the bill, Senate Bill 419, into law on May 17,[58] claiming he had banned Tik Tok "to protect Montanans’ personal and private data from the Chinese Communist Party."[59] The law takes effect January 2024,[58] though Montana content creators filed suit against the state once the bill was signed.[60][61]

Lobbying group NetChoice argued that the ban is an unconstitutional bill of attainder and also violates the freedom of speech clause of the First Amendment.[62] Hours after the bill was signed into law, five TikTok creators filed a lawsuit in the United States District Court for the District of Montana against the state. A spokeswoman for Montana Attorney General Austin Knudsen said that the state is "fully prepared to defend the law".[63]

The law faces technical restrictions. The App Store and Google Play Store track users by country, not by state, and would need to define the behavior when a user crosses state lines. While Apple and Google may be able to use IP addresses to track device locations, users may be able to use a virtual private network (VPN) to circumvent the restriction. If these app stores are found to be hosting TikTok for Montana users, violators could face fines of $10,000 per day.[64] TikTok has stated that it would need to collect data from users in order to comply with the bill.[65]

Security

Further information: National Intelligence Law of the People's Republic of China

On March 31, 2023, the North Atlantic Treaty Organization, also called NATO, announced the ban of TikTok on all NATO-issued devices. The letter that was sent out to staff cited security concerns. NATO is the latest governmental body to ban the app over concerns about the Chinese government accessing user data through its parent company ByteDance.[66]

The Federal Bureau of Investigation and U.S. Department of Justice are investigating TikTok. On March 16, 2023, Forbes disclosed the news of the probe.[67] They cite that the U.S. Attorney for the Eastern District of Virginia, has subpoenaed information from the company ByteDance regarding efforts that were made to access U.S. journalist's private user data using the TikTok app.[67]

Public opinion

A July 2020 poll from Morning Consult, with 2,200 surveyed, found that 29% of American adults supported a TikTok ban, 33% opposed one, and 38% had no opinion.[68] An August 2020 poll from Reuters/Ipsos, surveying 1,349, had 40% supporting Trump's move to ban the app, 30% opposed, and 30% uncertain.[69]

A December 2022 poll from Rasmussen Reports, surveying 1,000 likely U.S. voters, found that 68% supported proposals to federally ban TikTok, with 43% strongly supporting a ban. Conversely, 24% surveyed were opposed, including 12% who strongly opposed.[70]

A March 2023 poll from The Washington Post, surveying 1,027 American adults, found that 41% supported the federal government banning TikTok, while 25% remain opposed to a ban.[71] Later that month, a poll by the New York Post surveyed over 2,000 U.S. voters, and found that 61% supported the federal government banning TikTok, while 39% remain opposed to a ban.[72] Another March poll, from Pew Research Center, found twice as many adult Americans support the U.S. government's ban on TikTok as oppose it (50% vs. 22%), though a significant portion (28%) remain unsure.[73]

Industry response

Despite potential U.S. bans, some advertisers have increased their spending on TikTok in 2023. Edward East, CEO of marketing agency Billion Dollar Boy, stated that instead of being intimidated by a potential ban, the industry is seeing an increase in brand investment through TikTok.[74]

Potential implications

The Committee on Foreign Investment in the U.S. (CFIUS) threatened to ban TikTok if ByteDance wouldn’t sell its stake. CFIUS is a government agency that reviews foreign investments in U.S. companies for national security reasons. In this case, CFIUS was concerned that TikTok could be used by the Chinese government to gather data on U.S. citizens.[75]

If TikTok is banned in the U.S., Americans will not possess the ability to connect to the app with just a VPN. Instead, those who wish to continue using the app may need to use a proxy server or a secure browser, in order to circumvent a ban.[76]

See also

References

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