The 2020 Executive Order on TikTok: Examining the National Security Concerns
In August 2020, then-President Donald Trump issued an Executive Order addressing the perceived threat posed by the popular video-sharing app, TikTok. This move ignited a significant debate about national security, data privacy, and the role of foreign-owned technology within the United States. This article delves into the specifics of the order, the rationale behind it, and its broader implications.
The Core Concerns: National Security and Data Privacy
The executive order explicitly states the administration's concerns regarding TikTok’s data collection practices and its potential ties to the Chinese government. The order highlights several key issues:
- Extensive Data Collection: TikTok was accused of automatically capturing vast amounts of data from its users, including internet activity, location data, and browsing history.
- Potential Access by the Chinese Communist Party: The administration feared that this data collection could allow the Chinese Communist Party (CCP) access to Americans' sensitive, personal, and proprietary information. This raised concerns about potential espionage, blackmail, including tracking federal employees and contractors.
- Censorship and Disinformation: The order also cited reports of TikTok censoring content deemed politically sensitive by the CCP, such as content related to the Hong Kong protests and the treatment of Uyghurs. There were also concerns that the app could be used for disinformation campaigns.
Key Provisions of the Executive Order
The executive order outlined a series of prohibitions set to take effect 45 days after its issuance. These included:
- Prohibition of Transactions: The order prohibited any transaction by any person, or with respect to any property, subject to the jurisdiction of the United States, with ByteDance Ltd. (TikTok's parent company) or its subsidiaries. The Secretary of Commerce was tasked with identifying the specific transactions subject to this prohibition.
- Evasion and Avoidance: The order explicitly prohibited any actions taken by a United States person or within the United States that aimed to evade or avoid the prohibitions.
- Conspiracy: Any conspiracy formed to violate any of the prohibitions outlined in the order was also banned.
- Authority of the Secretary of Commerce: The Secretary of Commerce was granted the authority to take actions, including adopting rules and regulations, to implement the executive order.
Similar Actions by Other Entities
The executive order noted that similar concerns had been raised and acted upon by other entities:
- Government Bans: Citing that the Department of Homeland Security, Transportation Security Administration, and the United States Armed Forces had already banned the use of TikTok on Federal Government phones
- India's Ban: The Government of India had previously banned TikTok and other Chinese mobile applications due to concerns about data security issues.
- Company Bans: Some American companies and organizations had also begun banning TikTok on their devices.
Implications and Aftermath
The executive order triggered a series of legal challenges and negotiations. It also added fuel to the ongoing debate over the security risks associated with foreign-owned tech platforms. While the original order faced legal roadblocks and was eventually rescinded by the Biden administration, it brought the issue of data security and foreign influence to the forefront.
Lasting Impact on Data Security
The executive order may be gone, but it highlighted the importance of understanding the privacy policies and data collection practices for individuals, businesses, and governments. To learn more about how to protect your information online, check out our article on Cybersecurity Best Practices for 2024.
