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‘Misleading Reporting’

TikTok Denies Data Allegations Amid Scrutiny From Carr, Senate Republicans

TikTok has always given company engineers, including those in China, access to U.S. user data on an “as-needed basis” under “strict controls,” the company said Tuesday, amid scrutiny from FCC Commissioner Brendan Carr and Senate Republicans.

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Members of Congress targeted the company for reportedly giving the Chinese government access to U.S. data, despite company testimony to the contrary. TikTok in its statement blamed “misleading reporting” from BuzzFeed, saying TikTok uses encryption and security monitoring to secure user data, and the “access approval process is overseen by our US-based security team. TikTok has consistently maintained that our engineers in locations outside of the US, including China, can be granted access to U.S. user data on an as-needed basis under those strict controls.” The company now routes “100% of U.S. user traffic to Oracle Cloud Infrastructure, and we are continuing to work on additional safeguards on U.S. data for improved peace of mind for our community,” the company said.

TikTok “harvests swaths of sensitive data that news reports show are being accessed in Beijing,” Carr tweeted Tuesday. He doubled down on his request that Apple and Google remove the popular Chinese social media app from their app stores. Sens. Marsha Blackburn, R-Tenn.; Roger Wicker, R-Miss.; John Thune, R-S.D.; Roy Blunt, R-Mo.; Ted Cruz, R-Texas; Jerry Moran, R-Kan.; Shelley Moore Capito, R-W.Va.; Cynthia Lummis, R-Wyo.; and Steve Daines, R-Mont., highlighted in their Monday letter how nine different TikTok employees attested to related data incidents between 2021 and 2022, with one employee saying “everything is seen in China.”

The senators noted TikTok Public Policy Head-Americas Michael Beckerman testified before the Senate Consumer Protection Subcommittee in October, saying “there’s no overt data transmission to the Chinese government.” Beckerman said TikTok didn’t “provide data to the Chinese government on Chinese persons living in the U.S. or elsewhere” because TikTok isn’t available in China, they wrote. The letter seeks answers about which employees have access to data, what role parent company ByteDance plays in data and algorithm decisions and how the company handles Chinese government requests for data.

Carr wrote Apple CEO Tim Cook and Google CEO Sundar Pichai Friday about the “serious national security threats posed by TikTok.” He noted Apple and Google have “long claimed” their app stores protect consumer privacy and data. He requested the companies honor their app store policies and remove the company for failing to comply. If the company isn’t removed, he asked for explanations about the “basis for your company’s conclusion that the surreptitious access of private and sensitive U.S. user data by persons located in Beijing, coupled with TikTok’s pattern of misleading representations and conduct, does not run afoul of any of your app store policies.” Apple and Google didn’t comment to us.

India banned TikTok on “national security grounds” for “stealing and surreptitiously transmitting user data in an unauthorized manner,” Carr noted. He highlighted bans from U.S military branches and national security agencies on government-issued devices. He noted bipartisan concern about the company’s data practices from Senate Majority Leader Chuck Schumer, D-N.Y.; Sen. Tom Cotton, R-Ark.; Senate Intelligence Committee Chairman Mark Warner, D-Va.; and Senate Intelligence Committee ranking member Marco Rubio, R-Fla. TikTok isn’t “just an app for sharing funny videos or memes,” Carr wrote. “That’s the sheep’s clothing. At its core, TikTok functions as a sophisticated surveillance tool that harvests extensive amounts of personal and sensitive data.”

House Commerce Committee Republicans last week demanded the company testify on the matter (see 2206170074). The committee would consider compelling testimony if TikTok refused, said ranking member Cathy McMorris Rodgers, R-Wash.