TikTok says it offered the US government a “kill switch” to address lawmakers’ data protection and national security concerns.
This disclosure comes as TikTok begins its legal battle against legislation that will ban the app in the US.
This is unless its Chinese parent company, ByteDance, sells it.
The law was introduced due to fears that TikTok might share US user data with the Chinese government.
However, TikTok and ByteDance have denied the allegations.
Both companies urge the courts to overturn this law.
They said: “This law is a radical departure from this country’s tradition of championing an open Internet, and sets a dangerous precedent allowing the political branches to target a disfavored speech platform and force it to sell or be shut down.”
TikTok claims the US government refused to engage in serious settlement talks after 2022.
This is despite significant concessions, including the “kill switch” offer.
This would have given the government authority to shut down the platform if TikTok failed to follow certain rules.
In August 2022, TikTok proposed a draft “National Security Agreement.”
TikTok: “This law is a radical departure from this country’s tradition of championing an open Internet, and sets a dangerous precedent allowing the political branches to target a disfavored speech platform and force it to sell or be shut down.”
It included adequately funding its data protection units and ensuring that ByteDance had no access to US users’ data.
If these conditions were breached, the “kill switch” could have been activated.
In a letter first reported by the Washington Post addressed to the US DOJ, TikTok’s lawyer alleges the government ceased negotiations after the proposed new rules.
The letter, dated April 1, 2024, also claims the US government ignored requests for further negotiations.
It accuses the government of not responding to TikTok’s invitation to visit and inspect its Dedicated Transparency Center in Maryland.
In September, the US Court of Appeals for the District of Columbia will hear arguments on lawsuits filed by TikTok, ByteDance, and TikTok users.
Legislation signed by President Joe Biden in April mandates ByteDance must divest TikTok’s US assets by January next year.
If it does not do this, it faces a ban.
Need Career Advice? Get employment skills advice at all levels of your career
TikTok denies sharing foreign users’ data with China.
It calls the legislation an “unconstitutional ban that infringes on US free speech rights”.
It asserts US data remains within the country and is overseen by American company Oracle.
This is under a deal known as Project Texas.
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.
In May, a US government official told the Washington Post: “the solution proposed by the parties at the time would be insufficient to address the serious national security risks presented.”
They said: “While we have consistently engaged with the company about our concerns and potential solutions, it became clear that divestment from its foreign ownership was and remains necessary.”
