TikTok revealed that it offered the US government a way to shut down the app to ease data safety and national security worries.
This “kill switch” proposal was made in 2022. TikTok shared this information as it started a legal battle against the law. The law says it will ban the app in the US unless its Chinese parent company, ByteDance, sells it.
TikTok Fights Against US Ban, Reveals ‘Kill Switch’ Offer
The law was introduced due to fears that TikTok might share American user data with the Chinese government. It claims that TikTok and its parent company, ByteDance, have always denied. In their legal challenge, TikTok and ByteDance are asking the courts to overturn this law.
They argue, “This law breaks from the tradition of supporting an open internet and sets a risky precedent, allowing the government to target a platform and force it to sell or shut down.”
They also mentioned that the US government stopped serious settlement talks after 2022 and highlighted their “kill switch” offer as proof of their willingness to address concerns.
TikTok Reveals ‘Kill Switch’ Offer
TikTok says it offered the US government a “kill switch” mechanism that would let the government suspend the app in the United States if it didn’t follow certain rules.
This was part of a draft “National Security Agreement” proposed by TikTok in August 2022. The agreement required TikTok to properly fund its data protection units and ensure ByteDance, its parent company, had no access to US users’ data.
If TikTok broke these rules, the government could trigger the “kill switch.”
In a letter first reported by the Washington Post. TikTok’s lawyer claimed that after proposing these new rules, the government stopped serious negotiations.
The letter, dated April 1, 2024, states that the US government ignored requests for further talks. And it did not respond to TikTok’s invitation to visit its Dedicated Transparency Center in Maryland.
Court Hearing Set for TikTok’s Legal Challenges in the US
In September, the US Court of Appeals for the District of Columbia will listen to arguments about lawsuits filed by TikTok and its parent company, ByteDance, along with TikTok users.
This comes after President Joe Biden signed a law in April. The law requires ByteDance to sell TikTok’s US operations by January next year or risk a ban.
The law was created because of worries that data from TikTok’s 170 million US users might be shared with the Chinese government. TikTok denies these claims, saying it doesn’t share data of its international users with China.
TikTok argues that the law is unconstitutional because it restricts freedom of speech in the US.
TikTok says that data from US users stays within the country and is managed by Oracle, an American company. This arrangement is known as Project Texas.
However, a report by the Wall Street Journal in January 2024 discovered some information. This information was still being exchanged between TikTok in the US and ByteDance in China.