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TikTok aggressively acquires the personal data of its users, and we must be vigilant about how that data is being used in today’s digital landscape. Upholding privacy and security is essential to safeguarding Mississippi’s future and I am proud to stand with my colleagues from 20 states to fight back against China and protect the best interests of online users everywhere.
(Jackson, Mississippi)
Attorney General Fitch joined a coalition of 21 attorneys general in asking the United States Court of Appeals for the District of Columbia to uphold the national TikTok divest-or-ban legislation passed by Congress earlier this year.
The federal law bans TikTok in the United States if Chinese-owned ByteDance, TikTok’s parent company, does not sell their stake in the platform. ByteDance and TikTok sued the federal government following the ban.
The attorneys general are asking the court in an amicus brief to deny TikTok’s petition as it is within Congress’s power to act on matters of national security and foreign affairs. TikTok is a threat to national security and consumer privacy as the company collects user data that could be shared with the Chinese Communist Party (a known enemy of the United States), infringes on Americans’ right to privacy, and promotes dangerous content to minors.
“TikTok aggressively acquires the personal data of its users, and we must be vigilant about how that data is being used in today’s digital landscape,” said Attorney General Lynn Fitch. “Upholding privacy and security is essential to safeguarding Mississippi’s future and I am proud to stand with my colleagues from 20 states to fight back against China and protect the best interests of online users everywhere.”
TikTok has confirmed its technology and infrastructure are ultimately controlled by the Chinese government. While TikTok claims the First Amendment protects their right to spy on Americans, the ban does not violate the company’s free speech rights because it doesn’t target behavior with a significant expressive element, or single out those engaged in expressive activity.
“TikTok is a valuable tool for conducting corporate and international espionage, and it may allow the Chinese Communist Party to track the real-time locations of public officials, journalists, and other individuals adverse to the Chinese Communist Party’s interests,” the attorneys general stated in the brief.
Allowing TikTok to operate in the United States without severing its ties to the Chinese Communist Party exposes Americans to the risk of the CCP accessing and exploiting their data.
Attorneys general from Alabama, Alaska, Arkansas, Florida, Georgia, Idaho, Indiana, Iowa, Kentucky, Louisiana, Missouri, Nebraska, New Hampshire, Oklahoma, South Carolina, South Dakota, Tennessee, and Utah joined also joined the brief led by Montana Attorney General Austin Knudsen and Virginia Attorney General Jason Miyares.
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