TikTok revealed that it had proposed granting the US government the power to shut down the platform as a measure to address lawmakers’ concerns about data protection and national security.
This “kill switch” offer, made in 2022, came to light as TikTok began its legal battle against legislation that threatens to ban the app in the US unless its Chinese parent company, ByteDance, sells it.
The proposed law stems from fears that TikTok might share US user data with the Chinese government, allegations that both TikTok and ByteDance have consistently denied. In their legal challenge, TikTok and ByteDance are urging the courts to overturn the legislation.
They argue that the law marks a significant departure from the US tradition of supporting an open internet and sets a troubling precedent by allowing political branches to target and potentially force the sale of a specific speech platform.
TikTok’s legal submission also highlighted the US government’s refusal to engage in serious settlement discussions after 2022. The “kill switch” offer was cited as evidence of TikTok’s willingness to take significant measures to address security concerns.
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The mechanism would have given the US government the explicit authority to suspend the platform within the United States at its sole discretion if TikTok failed to comply with certain regulations.
According to a draft “National Security Agreement” proposed by TikTok in August 2022, the company would have been required to adhere to specific rules, including adequately funding its data protection units and ensuring that ByteDance had no access to US users’ data. The “kill switch” could be activated by the government if TikTok violated these terms.
TikTok’s court filing emphasizes that the company’s extensive efforts, including the “kill switch” proposal, demonstrate its commitment to addressing US national security concerns while maintaining its operations in the country.
In a letter addressed to the US Department of Justice, TikTok’s lawyer claims the government “ceased any substantive negotiations” following the proposal of new rules.
According to BBC News, the letter, dated April 1, 2024, also states that the government ignored requests for further talks and did not respond to an invitation to inspect TikTok’s Dedicated Transparency Center in Maryland.
The US Court of Appeals for the District of Columbia will hear oral arguments in September on lawsuits filed by TikTok, ByteDance, and TikTok users.
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Legislation signed by President Biden in April requires ByteDance to divest TikTok’s US assets by January or face a ban, due to concerns that data from TikTok’s 170 million US users could be shared with the Chinese government.
TikTok denies sharing data with China, calling the legislation an “unconstitutional ban” that infringes on free speech rights. The company asserts that US data is managed by Oracle under Project Texas and does not leave the country.
However, a Wall Street Journal investigation in January 2024 found some data was still being shared between TikTok in the US and ByteDance in China.