As Congress moves to require TikTok to divest its ties to the CCP, good questions have been raised about whether privacy laws could address TikTok's threat.
They can't. Privacy or data flow laws are not the same as national security laws. They solve different problems.
Just look at Europe. The E.U. has enacted some of the strictest data privacy and data flow laws in the world. Yet it has also taken separate actions to ban TikTok from official devices to address national security concerns.
Those TikTok bans in Europe would have been unnecessary if privacy laws alone were adequate to address the security risks posed by untrustworthy actors. They are not.
Indeed, TikTok has demonstratedโrepeatedlyโthat only a structural remedy will be sufficient in its case.
For instance, after reporting exposed that TikTok had been misrepresenting its data flows back into Beijing, TikTok told lawmakers that it was changing its ways and walling off U.S. user data from Beijing. Had TikTok abided by that public representation, it would have been some evidence that TikTokโs issues could be addressed through data flow protections.
But of course, TikTok had not changed its ways. As the WSJ found, TikTok just kept on sharing sensitive U.S. data with China.
Same with TikTok enabling Beijing-based personnel to spy on Americans. TikTok denied those reports initially, but then was forced to confess that, yes, it had illicitly surveilled the locations of specific Americans despite its representations to lawmakers and despite the fact that it was actively negotiating with U.S. nat sec officials - meaning, TikTok had every incentive to operate in a trustworthy manner. It still didnโt.
Why? Because TikTok is different than other social media companies. It is different because, as the evidence conclusively establishes, it is beholden to the CCP.
Should the U.S. revise its privacy laws across the board? No objection from me. And acting on TikTok now provides an opportunity to build momentum towards that.
But privacy laws alone would not offer any response to TikTokโs national security threatโonly a structural remedy that breaks it free from the CCPโs controls would do that.
wsj.com/tech/tiktok-pledged-โฆ