Tick Tock, Tiktok: Regulatory and Legal Approaches to Mitigating a Chinese Threat

The risks posed by TikTok have garnered significant attention due to concerns about potential threats to users and to national security. Recent reports suggest that cyberattacks, including those linked to China, are increasing, with hackers targeting personal data. A comprehensive approach is necessary to effectively address the multifaceted risks posed by TikTok and its parent company, ByteDance. A ban on TikTok may be necessary to adequately protect national security and cybersecurity, given the potential risks and the limitations of regulatory approaches. However, a nationwide ban will face significant legal challenges. Alternative solutions, such as Oracle auditing TikTok’s data transfer mechanisms, have been proposed, but there are concerns that such solutions may not be effective due to the potential conflict of interest of the auditing party. To address these concerns and to avoid the legal challenges of a nationwide ban, states should consider imposing penalties and injunctions through their consumer protection laws as a potential option to hold TikTok accountable for misleading consumers about its data collection practices and content moderation policies. 

By Michael G. McLaughlin^[1]

On March 1st, the House of Representatives passed a bill introduced by House Foreign Affairs Committee Chair Rep. Michael McCaul (R-TX) that would allow the President to ban TikTok through a revision of the 1988 Berman Amendments. This bill is one of the latest