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TikTok collected views on abortion, gun control from U.S. users, Justice Department says
In a fresh broadside against one of the world’s most popular technology companies, the Justice Department is accusing TikTok of harnessing the capability to gather bulk information on users based on views on divisive social issues like gun control, abortion and religion.
Government lawyers wrote in documents filed late Friday to the federal appeals court in Washington that TikTok and its Beijing-based parent company ByteDance used an internal web-suite system called Lark to enable TikTok employees to speak directly with ByteDance engineers in China.
TikTok employees used Lark to send sensitive data about U.S. users, information that has wound up being stored on Chinese servers and accessible to ByteDance employees in China, federal officials said.
One of Lark’s internal search tools, the filing states, permits ByteDance and TikTok employees in the U.S. and China to gather information on users’ content or expressions, including views on sensitive topics, such as abortion or religion. Last year, the Wall Street Journal reported TikTok had tracked users who watched LGBTQ content through a dashboard the company said it had since deleted.
The Justice Department warned, in stark terms, of the potential for what it called “covert content manipulation” by the Chinese government, saying the algorithm could be designed to shape the content that users receive.
“By directing ByteDance or TikTok to covertly manipulate that algorithm, China could for example further its existing malign influence operations and amplify its efforts to undermine trust in our democracy and exacerbate social divisions,” the brief states.
The concern, the Justice Department said, is more than theoretical, alleging that TikTok and ByteDance employees are known to engage in a practice called “heating” in which certain videos are promoted in order to receive a certain number of views. While this capability enables TikTok to curate popular content and disseminate it more widely, U.S. officials posit it can also be used for nefarious purposes.
New allegations in an ongoing legal battle
The new court documents represent the government’s first major defense in a consequential legal battle over the future of the popular social media platform, which is used by more than 170 million Americans. Under a law signed by President Joe Biden in April, the company could face a ban in a few months if it doesn’t break ties with ByteDance.
The measure was passed with bipartisan support after lawmakers and administration officials expressed concerns that Chinese authorities could force ByteDance to hand over U.S. user data or sway public opinion towards Beijing’s interests by manipulating the algorithm that populates users’ feeds.
The Justice Department contends that the law is not about limiting speech or limiting what can be posted on TikTok, but instead addresses national security matters. Justice Department officials told reporters that the brief contends the law is constitutional because it does not target protected speech; it is targeting foreign ownership of TikTok.
According to department officials, the filing is accompanied by three national security declarations from intelligence officials, including the Director of National Intelligence and the Federal Bureau of Investigation, that explain the basis for the law.
Federal officials are asking the court to allow a classified version of the legal brief, which would not be accessible to the two companies.
Nothing in the redacted brief “changes the fact that the Constitution is on our side,” TikTok spokesperson Alex Haurek said in a statement.
“The TikTok ban would silence 170 million Americans’ voices, violating the 1st Amendment,” Haurek said. “As we’ve said before, the government has never put forth proof of its claims, including when Congress passed this unconstitutional law. Today, once again, the government is taking this unprecedented step while hiding behind secret information. We remain confident we will prevail in court.”
Justice Department alleges censorship on TikTok
In the redacted version of the court documents, the Justice Department said another tool triggered the suppression of content based on the use of certain words. Certain policies of the tool applied to ByteDance users in China, where the company operates a similar app called Douyin that follows Beijing’s strict censorship rules.
But Justice Department officials said other policies may have been applied to TikTok users outside of China. TikTok was investigating the existence of these policies and whether they had ever been used in the U.S. in, or around, 2022, officials said.
The government points to the Lark data transfers to explain why federal officials do not believe that Project Texas, TikTok’s $1.5 billion mitigation plan to store U.S. user data on servers owned and maintained by the tech giant Oracle, is sufficient to guard against national security concerns.
In its legal challenge against the law, TikTok has heavily leaned on arguments that the potential ban violates the First Amendment because it bars the app from continued speech unless it attracts a new owner through a complex divestment process. It has also argued divestment would change the speech on the platform because it would create a version of TikTok lacking the algorithm that has driven its success.
In its response, the Justice Department argued TikTok has not raised any valid free speech claims, saying the law addresses national security concerns without targeting protected speech, and argues that China and ByteDance, as foreign entities, aren’t shielded by the First Amendment.
TikTok has also argued that U.S. law discriminates on viewpoints, citing statements from some lawmakers critical of what they viewed as an anti-Israel tilt on the platform during the war in Gaza.
Justice Department officials dispute that argument, saying the law at issue reflects their ongoing concern that China could weaponize technology against U.S. national security, a fear they say is made worse by demands that companies under Beijing’s control turn over sensitive data to the government. They say TikTok, under its current operating structure, is required to be responsive to those demands.
Oral arguments in the case are scheduled for September.
The mother of the embattled hip-hop mogul Sean “Diddy” Combs released a statement Sunday defending her son against the criminal charges and multiple allegations of sexual misconduct he is currently facing while in federal custody in New York.
Combs, 54, has been detained at the Metropolitan Detention Center in Brooklyn since pleading not guilty on Sept. 17 to federal charges of sex trafficking, racketeering conspiracy and transportation to engage in prostitution.
In a statement released through her lawyers, Janice Smalls Combs says it has been “unbearable” to witness “what seems to be like a public lynching of my son before he has had the opportunity to prove his innocence.”
She then mentions that her son “has made mistakes in his past” and refers to an episode caught on security video that appeared to show Combs attacking singer Cassie, his former girlfriend, in a Los Angeles hotel hallway in 2016. In May, Combs apologized for the incident, saying his behavior was “inexcusable” and that he took “full responsibility” for his actions.
In November, Cassie, whose legal name is Casandra Ventura, filed a lawsuit accusing Combs of rape and abuse during their relationship; he denied the accusations. They reached a settlement the following day.
The indictment against Combs refers to the incident caught by the hotel security cameras. According to the indictment, Combs attempted to bribe a hotel security staff member who intervened in the incident to keep them quiet.
“My son may not have been entirely truthful about certain things, such as denying he has ever gotten violent with an ex-girlfriend when the hotel’s surveillance showed otherwise,” Janice Smalls Combs says in the statement. “Sometimes, the truth and a lie become so closely intertwined that it becomes terrifying to admit one part of the story, especially when that truth is outside the norm or is too complicated to be believed. This is why I believe my son’s civil legal team opted to settle the ex-girlfriend’s lawsuit instead of contesting it until the end, resulting in a ricochet effect as the federal government used this decision against my son by interpreting it as an admission of guilt.”
She adds that it has been “agonizing” to see people joke about her son’s situation “over lies and misconceptions.”
At the end of the statement, she asks fans and the public “to not judge him before you’ve had the chance to hear his side.”
“My son is not the monster they have painted him to be,” she says. “I can only pray that I am alive to see him speak his truth and be vindicated.”
In the indictment, prosecutors allege that since 2008 Combs has been part of a criminal organization that engaged in or attempted to engage in sex trafficking, forced labor, kidnapping, arson, bribery, obstruction of justice and other offenses.
Prosecutors accused Combs of using his business empire as a criminal enterprise to conceal his alleged abuse of women at events Combs referred to as “Freak Offs.”
“The ‘Freak Offs’ sometimes lasted days at a time, involved multiple commercial sex workers and often involved a variety of narcotics, such as ketamine, ecstasy and GHB, which Combs distributed to the victims to keep them obedient and compliant,” U.S. Attorney Damian Williams, of the Southern District of New York, told reporters when the indictment was unsealed.
On Oct. 1, Texas attorney Tony Buzbee said he was representing 120 accusers who have come forward with new sexual misconduct allegations against Combs. Buzbee said he expects lawsuits to be filed within the next month. Buzbee described the victims as 60 males and 60 females, and that 25 were minors at the time of the alleged misconduct.
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After days of uncertainty, the Federal Aviation Administration announced Sunday that SpaceX had been cleared to press ahead with the planned Monday launch of the European Space Agency’s $398 million Hera asteroid probe, stormy weather permitting.
With forecasters calling for an 85% chance of thick clouds and showers that would trigger a delay, Hera’s launch atop a Falcon 9 rocket from pad 40 at the Cape Canaveral Space Force Station is targeted for 10:52 a.m. EDT Monday. The forecast is 75% “no-go” if launch is delayed to Tuesday.
“The last hurdle is the weather. So, please, please, I need you to do something about it!” Hera project manager Ian Carnelli joked with reporters Sunday. “It’s the only thing I really cannot control. … It looks like we have some opening around the time of launch, but it’s really impossible to say at the moment.”
ESA
Hurricane Milton, meanwhile, poses threats throughout the week as the cyclone is expected to cross the Florida peninsula Wednesday and move out over the Atlantic Ocean near Florida’s Space Coast.
Launch of NASA’s $5.2 billion Europa Clipper mission, which had been planned for Thursday from the Kennedy Space Center, has been put on hold pending passage of the storm.
“The safety of launch team personnel is our highest priority, and all precautions will be taken to protect the Europa Clipper spacecraft,” said Tim Dunn, a senior launch director with NASA’s Launch Services Program.
“Once we have the ‘all-clear’ followed by facility assessment and any recovery actions, we will determine the next launch opportunity.”
Likewise, the return to Earth of three astronauts and a Russian cosmonaut aboard a SpaceX Crew Dragon ferry ship has been delayed by predicted bad weather.
Crew 8 commander Matthew Dominick, Mike Barratt, Jeanette Epps and cosmonaut Alexander Grebenkin, launched to the International Space Station last March. They had planned to undock Monday, returning to Earth to close out a 217-day mission.
National Weather Service
But NASA announced Sunday their departure would be delayed to at least Thursday because of expected bad weather. Crew Dragon ferry ships require calm winds and seas in the Gulf of Mexico or the Atlantic Ocean to permit a safe splashdown.
As for the Falcon 9, the FAA clearance only applied to the Hera launch while the agency continues overseeing an investigation into what caused a Falcon 9 second stage to malfunction Sept. 28 and miss its targeted re-entry point into Earth’s atmosphere over the Pacific Ocean.
SpaceX routinely sends spent second stages into the atmosphere for destructive breakups at the end of their missions to prevent possible collisions or other problems that might add to the space debris already in low-Earth orbit.
The FAA wants to make sure the problem is understood and corrected so future re-entries are carried out as planned, ensuring any debris that survives re-entry heating will splash down harmlessly in targeted ocean impact “footprints,” well away from shipping lanes and populated areas.
The second stage being used for the Hera mission will boost the space probe into deep space, using all of its propellant in the process. It will not return to Earth, so a malfunction, should one occur, would pose no safety threat.
“The FAA has determined that the absence of a second stage reentry for this mission adequately mitigates the primary risk to the public in the event of a reoccurrance of the mishap experienced with the Crew-9 mission,” the agency said in a statement, referring to the most recent Falcon 9 flight.
NASA
“Safety will drive the timeline for the FAA to complete its review of SpaceX’s Crew-9 mishap investigation report and when the agency will authorize Falcon 9 to return to regular operations,” the statement concluded.
The FAA did not address plans to launch the Europa Clipper atop a Falcon Heavy rocket Thursday for its long-awaited mission to Jupiter and its ice-covered moon Europa.
Like the Hera mission, the Clipper’s upper stage, the same one used for all Falcon-family rockets, will not return to Earth. Instead, it will burn all of its propellants to accelerate the probe to an Earth-escape velocity of 25,000 mph.
But FAA clearance to proceed, assuming it comes in time, likely will be a moot point, at least in the near term. It is unlikely the Clipper and its Falcon Heavy rocket will be moved to the Kennedy Space Center launch pad until after Milton has passed through the area.
