Justice Department: TikTok Algorithm Could Let China Influence US Elections

The Justice Department has raised alarms about the potential national security risks posed by TikTok’s current ownership. In a recent federal appeals court filing, prosecutors argued that allowing TikTok to remain under its parent company, ByteDance, could enable the Chinese government to covertly manipulate U.S. elections. They warned that TikTok’s algorithm might be used for “secret manipulation” campaigns to influence American opinions and political outcomes.

Prosecutors stated that this situation could let a foreign government illicitly interfere with the U.S. political system, including elections, especially if the Chinese government deemed a particular election crucial to its interests. The filing emphasized that permitting such influence poses an unacceptable threat to national security.

This court filing responds to a lawsuit TikTok filed against the U.S. government in May to block a law that could lead to a nationwide ban of the app. President Joe Biden signed this law in April, mandating TikTok to find a new owner by mid-January 2025 or face a complete ban in the U.S.

The Justice Department’s filing marks its first official response to the lawsuit. This legal battle will address whether U.S. security concerns over TikTok’s Chinese connections outweigh the First Amendment rights of TikTok’s 170 million U.S. users.

TikTok and ByteDance argue that the U.S. law is unconstitutional, violating free speech rights and preventing Americans from accessing lawful information. They contend that the law unfairly targets a single platform for a nationwide ban, thus barring Americans from participating in a global online community.

The U.S. has long alleged that TikTok’s ties to China could expose Americans’ personal data to the Chinese government. The Justice Department contends that TikTok is misapplying the First Amendment, as the statute addresses national security concerns specific to TikTok’s connection with a foreign power, not the suppression of speech. They suggest that ByteDance could sell TikTok to an American company, allowing the app to continue operating in the U.S.

Senior justice officials expressed concerns about China’s potential to “weaponize technology” like apps and software used in the U.S., emphasizing that companies under Chinese control are compelled to share sensitive data with the Chinese government.

Deputy Attorney General Lisa Monaco has previously warned against using TikTok, citing Chinese national security laws that mandate data sharing with the state. She advised against using the app, highlighting the vast amounts of sensitive data it collects from its U.S. users, including precise locations, viewing habits, private messages, and contact information.

The filing underscores that law enforcement believes TikTok could be influenced by the Chinese government, pointing out that the app’s algorithm can be manually manipulated from China. This capability could allow covert control of the content Americans see on TikTok for malign purposes.

Officials also noted that TikTok has tools capable of suppressing certain content and expressed worries about the app’s potential to collect and censor information on sensitive issues like gun control, abortion, and religion. These concerns highlight the ongoing debate over the security implications of TikTok’s operations in the U.S. and its potential impact on American society.