TikTok and the lollipop Washington wants to take away

What to do with Tik Tok hit home even with the prime minister of Canada, Justin Trudeau, as he stood next to the American president, Joe Biden, last Friday afternoon for their joint media conference in Ottawa Biden’s visit, including an address to the Canadian parliament

Question to the PM: “Knowing what you know, are you comfortable with the idea of your children or family members using TikTok?”

“I am obviously concerned with their privacy and their security, which is why I’m glad that on their phones — that happen to be issued by the government — they no longer access TikTok.  (Laughter.)  That was a big frustration for them.  “Really?  This applies to us too, Dad?”  “Yes, I just did that.”  (Laughter.)

Trudeau says

It’s no laughing matter in Washington. 

Tik Tok’s CEO Shou Zi Chew was monstered by the House of Representative Energy and Commerce  Committee last week.  He was bludgeoned for five hours, solo at the witness table while a bipartisan howl raged against Tik Tok, its ownership, its practices, its ties to the Chinese Communist Party, and its vast influence in the United States.

“We do not trust TikTok will ever embrace American values,” said committee chair Cathy McMorris Rodgers, a Republican of Washington .

“TikTok has repeatedly chosen the path for more control, more surveillance and more manipulation. Your platform should be banned.”

“I still believe that the Beijing Communist government will still control and influence what you do,” said Rep. Frank Pallone Jr. of New Jersey, the ranking Democrat.

Politico’s reporter was asked if there was any support for Chew or Tik Tok. “No. There was no real support. That’s why they brought him in, to yell at him and show they’re strong on China.”

Senator Mark Warner of Virginia, cosponsor of legislation with the best chance of being enacted by Congress this year, said this about the hearing, and the core issue posed by the Tik Tok: “I kind of feel for the guy. Because [Chew] can’t rebut the fact that TikTok is owned by ByteDance, ByteDance is a Chinese company, Chinese law as of 2017 says the first obligation of any Chinese company is not shareholders or customers, it’s the Communist Party… At any point in time, that data can be asked for. And there are plenty of examples where it appears that it may have been already vulnerable. On top of that, you’ve got the ability for this incredibly powerful tool to have content manipulation.”

This was exact issue presented by Huawei, owned by the Chinese government, that under China’s national security law that government has the right to full access to all the data held by the company. 

This is why Huawei was banned from being as telecoms supplier in Australia, New Zealand, Japan, Taiwan and the US, and with 5G restrictions in the UK.

In recent weeks, the Biden Administration has been moving to a position of requiring ByteDance to sell TikTok to another US company, or face a ban.

In response, TikTok has developed “Project Texas”, where all the data generated in the US would be secured on US company Oracle servers in Texas. “The bottom line is this: American data is stored on American soil by an American company overseen by American personnel,” Chew said. But that would leave TikTok under Chinese government control over the data it obtains.  And China is not budging.  A Chinese Commerce Ministry spokeswoman said last week that China would “firmly oppose” the forced sale TikTok, and that this would “seriously undermine the confidence of investors from various countries, including China, to invest in the United States.”

Many members of the House and Senate want to ban TikTok – now.  But previous efforts to limit TikTok initiated under President Trump to ban Tik Tok if it was not sold were never concluded.  

A US government ban or forced divestiture of  Tik Tok  poses both First Amendment – free speech –  and due process of law issues.  There has not yet been an official finding of sufficient authority and weight to support such a radical action by the government.

What has been put in place are bans on Tik Tok on government-issued phones.

This is why Senator Warner’s legislation could prove crucial. 

In Washington, if you can’t solve a problem – get a process to work the problem.  The Restricting the Emergence of Security Threats that Risk Information and Communications Technology (RESTRICT) Act would give the Department of Commerce  the authority to evaluate and block technology deals involving companies from six “foreign adversary” countries, including China, Russia, Iran, Cuba, Venezuela and North Korea.  

By expanding the scope of technologies examined through a thorough process that can document and describe the urgency of addressing the threats the Tik Tok app poses, the key to locking in a ban or sale of Tik Tok can be found and used.

Last week’s Tik Tok hearing showed the Cold War with China is deepening.  The bipartisan roar of anger is growing.

But there is a real political disconnect between the rage building in Washington and the unhappiness of Trudeau’s children at losing Tik Tok . 

There are 150 million Americans – half the population – that use Tik Tok.  It is enormously influential.  Do lawmakers really think they can take Tik Tok away – without any political repercussions?  

You know what happens when you take a lollipop away from a child?  He or she starts screaming.  Take Tik Tok away and America’s Tik Tok users may start screaming – with their votes in 2024.

This is why the most likely outcome, aside from nothing being done, is passage of the Warner legislation and a forced sale of Tik Tok to a US company.

Stay tuned.