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digital rights
State AGs Launch Lawsuit Against TikTok for Harming Children
"We are suing TikTok to protect young people and help combat the nationwide youth mental health crisis," explained New York Attorney General Letitia James.
Oct 08, 2024
Attorneys general from over a dozen states and the District of Columbia on Tuesday announced lawsuits against TikTok, accusing the company behind the popular social media platform of deliberately making the site addictive for children and deceiving the public about its dangers.
"We're suing the social media giant TikTok for exploiting young users and deceiving the public about the dangers the platform poses to our youth," Democratic California Attorney General Rob Bonta
explained Tuesday morning in San Francisco. "Together, with my fellow state AGs, we will hold TikTok to account, stop its exploitation of our young people, and end its deceit."
New York Attorney General Letitia James, also a Democrat, said in a
statement that "young people are struggling with their mental health because of addictive social media platforms like TikTok."
"TikTok claims that their platform is safe for young people, but that is far from true," she continued. "In New York and across the country, young people have died or gotten injured doing dangerous TikTok challenges and many more are feeling more sad, anxious, and depressed because of TikTok's addictive features."
"Today, we are suing TikTok to protect young people and help combat the nationwide youth mental health crisis," James added. "Kids and families across the country are desperate for help to address this crisis, and we are doing everything in our power to protect them."
James' office said in a
statement:
TikTok uses a variety of addictive features to keep users on its platform longer, which leads to poorer mental health outcomes. Multiple studies have found a link between excessive social media use, poor sleep quality, and poor mental health among young people. According to the U.S. surgeon general, young people who spend more than three hours per day on social media face double the risk of experiencing poor mental health outcomes, including symptoms of depression and anxiety.
According to James' office, TikTok's addictive features include:
- Around-the-clock notifications that can lead to poor sleep patterns for young users;
- Autoplay of an endless stream of videos that manipulates users into compulsively spending more time on the platform with no option to disable;
- Attention-grabbing content that keeps young users on the platform longer;
- TikTok "stories" and TikTok live content that is only available temporarily to entice users to tune in immediately or lose the opportunity to interact;
- A highlighted "likes" and comments section as a form of social validation, which can impact young users' self-esteem; and
- Beauty filters that alter one's appearance and can lower young users' self-esteem.
The attorneys general also accuse TikTok of violating the Children's Online Privacy Protection Act, which is meant to shield children's online data; of falsely claiming that its platform is safe for children; and of lying about the effectiveness of its so-called safety tools meant to mitigate harms to youth.
In addition to California and New York, the following states are part of the new lawsuit: Illinois, Kentucky, Louisiana, Massachusetts, Mississippi, North Carolina, New Jersey, Oregon, South Carolina, Vermont, and Washington. So is the District of Columbia.
All told, 23 states have now filed lawsuits targeting TikTok's harms to children.
However, the issue is by no means limited to TikTok. Last October, dozens of U.S. states
sued Meta—which owns the social media sites Facebook and Instagram—for allegedly violating consumer protection laws by designing their apps to be addictive, especially to minors.
Twitter, the social platform known as X since shortly after it was
purchased by Elon Musk in 2022 for $44 billion, was sued in 2021 by child sex trafficking victims for allowing the publication of sexually explicit images of minors and refusing to remove them as requested by the plaintiffs and their parents.
Last month, the U.S. Federal Trade Commission
published a report detailing how social media and streaming companies endanger children and teens who use their platforms. The report's publication sparked renewed calls for Congress to pass legislation including the Children and Teens' Online Privacy Protection Act and Kids Online Safety Act (KOSA) to better safeguard minors against the companies' predatory practices.
However, rights groups including the ACLU condemned KOSA, which the civil liberties organization
warned "would violate the First Amendment by enabling the federal government to dictate what information people can access online and encourage social media platforms to censor protected speech."
The two bills—which were
overwhelmingly passed by the U.S. Senate in July—were last month approved for advancement in the House of Representatives.
In May 2023, U.S. Surgeon General Dr. Vivek Murthy issued an advisory on "the growing concerns about the effects of social media on youth mental health."
The White House simultaneously announced the creation of a federal task force "to advance the health, safety, and privacy of minors online with particular attention to preventing and mitigating the adverse health effects of online platforms."
Murthy has also called for tobacco-like warning labels on social media to address the platform's possible harms to children and teens.
Some critics are wary of singling out TikTok—which is owned by the Chinese company ByteDance—for political or xenophobic purposes.
Earlier this year, U.S. President Joe Biden signed into law a $95 billion foreign aid package containing a possible nationwide TikTok ban. The legislation requires ByteDance to sell TikTok to a non-Chinese company within a year or face a federal ban. TikTok subsequently sued the federal government over the potential ban.
Approximately 170 million Americans use TikTok, which is especially popular among members of Gen-Z and small-to-medium-sized businesses, and contributes tens of billions of dollars to the U.S. economy annually.
Evan Greer, who heads the digital rights group Fight for the Future, slammed the law as "one of the stupidest and most authoritarian pieces of tech legislation we've seen in years."
However, children's advocates welcomed the new lawsuits.
"We are pleased to see so many state attorneys general holding TikTok accountable for deliberately causing harms to young people," said Josh Golin, executive director of Fairplay. "Between state and private lawsuits, state legislation, and Federal Trade Commission enforcement actions, the tide is turning against Big Tech, and it's clear the status quo of social media companies harming kids cannot and will not continue."
"Now we need leaders in the House to join their Senate counterparts in passing the Kids Online Safety Act and the Children and Teens' Online Privacy Protection Act so that all platforms, not just those involved in legal settlements, will have to be safe by design for children from day one," Golin added.
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Biden Signs TikTok Ban—Among the 'Stupidest and Most Authoritarian' Tech Bills
One critic said that "the bill doesn't touch the homegrown spyware U.S. companies churn out" and "also strikes at the First Amendment right to receive information."
Apr 24, 2024
Digital rights defenders on Wednesday slammed the passage of a U.S. foreign aid package containing a possible nationwide TikTok ban as unconstitutional, xenophobic, and ill-advised during an election year in which President Joe Biden desperately needs as many young votes as possible.
Biden signed the $95 billion bill late Wednesday morning after senators voted 79-18 the previous evening to approve the package, which includes tens of billions of dollars in U.S. military assistance for Ukraine, Taiwan, and Israel—which is waging a genocidal war against Palestinians in Gaza.
One of the bill's provisions would force ByteDance, TikTok's Chinese parent company, to sell the app to a non-Chinese company within a year or face a federal ban. Approximately 170 million Americans use TikTok, which is especially popular among members of Gen-Z and small-to-medium-sized businesses, and
contributes tens of billions of dollars to the U.S. economy annually.
"Whether it's dressed up as a ban or a forced sale, the bill targeting TikTok is one of the stupidest and most authoritarian pieces of tech legislation we've seen in years," Fight for the Future director Evan Greer said in a statement.
Jenna Leventoff, senior policy counsel at the ACLU, called the provision "nothing more than an unconstitutional ban in disguise."
"Banning a social media platform that hundreds of millions of Americans use to express themselves would have devastating consequences for all of our First Amendment rights, and will almost certainly be struck down in court," she added.
Jameel Jaffer, executive director of the Knight First Amendment Institute at Columbia University,
said:
The First Amendment means that the government can't restrict Americans' access to ideas, information, or media from abroad without a very good reason for it—and no such reason exists here. Repackaging the government's reasons for the ban in the language of "national security" does not change the analysis. There's no national security exception to the First Amendment, and creating such an exception would make the First Amendment a dead letter.
Proponents of the possible ban attempted to spin it as something else and pointed to precedents including the 2020 forced sale of the popular LGBTQ+ dating app Grindr, formerly owned by a Chinese company.
"I want to be very clear: This is not a 'TikTok ban,'" Sen. John Fetterman (D-Pa.), who voted to approve the bill, said in a statement. "I have no interest in banning TikTok. This bill will simply make TikTok safer by separating it from the Chinese Communist Party so that the data of 170 million Americans—many of whom are children—is protected."
Senate Commerce Committee Chair Maria Cantwell (D-Wash.) said before Tuesday's vote that "Congress is acting to prevent foreign adversaries from conducting espionage, surveillance, maligned operations, harming vulnerable Americans, our servicemen and women, and our U.S. government personnel."
"Banning TikTok without passing real tech regulation will just further entrench monopolies like Meta and Google, without doing anything to protect Americans from data harvesting or government propaganda."
However, Kate Ruane, who directs the Center for Democracy & Technology's Free Expression Project, asserted that "Congress shouldn't be in the business of banning platforms. They should be working to enact comprehensive privacy legislation that protects our private data no matter where we choose to engage online."
Greer said that "not only is this bill laughably unconstitutional and a blatant assault on free expression and human rights, it's also a perfect way to derail momentum toward more meaningful policies like privacy and antitrust legislation that would actually address the harms of Big Tech and surveillance capitalism."
Greer continued:
Banning TikTok without passing real tech regulation will just further entrench monopolies like Meta and Google, without doing anything to protect Americans from data harvesting or government propaganda.
We could be months away from another Trump administration, and top Democrats are busy expanding mass surveillance authority and setting the precedent that the government can ban an entire social media app based on vague 'national security' concerns that haven't been explained to the public.
Some critics questioned the wisdom of Biden signing off on a potential ban of the most popular social media app among many young users during an election year in which many younger voters are disappointed in the president's record on climate, student debt relief, the Gaza genocide, and more.
One user of X, the social platform formerly known as Twitter, said earlier this year that signing the bill would demonstrate a "comical level of political malpractice, the equivalent of seeing the rake on the ground and purposefully stepping on it."
Moments after Biden signed the bill, TikTok CEO Shou Zi Chew
vowed, "We aren't going anywhere."
"The facts and the Constitution are on our side and we expect to prevail again," he said, referring to the three times when federal judges blocked efforts to ban TikTok.
TikTok CEO Shou Chew responds to the bill that could ban the app: “Make no mistake, this is a ban, a ban of TikTok and a ban on you and your voice.”
“Rest assured, we aren’t going anywhere.”
pic.twitter.com/qElI8JvY0D
— philip lewis (@Phil_Lewis_) April 24, 2024
In the most recent case, U.S. District Court Judge Donald Molloy ruled last December that a Montana law that would have banned the app "violates the Constitution in more ways than one" and had a "pervasive undertone of anti-Chinese sentiment."
It is unclear who would buy TikTok. Analysts estimate the platform is worth upward of $100 billion, placing it out of reach for all but the biggest U.S. tech titans and, ironically, setting up possible antitrust challenges from the very administration that ultimately forced the sale.
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'Blatant Censorship': Critics Blast US House Vote for TikTok Ban
"Don't ban TikTok," said Fight for the Future. "Pass a goddamn privacy law."
Mar 13, 2024
U.S. progressives on Wednesday decried what they called a xenophobic censorship bill passed by House lawmakers that would ban TikTok if its Chinese parent company doesn't sell its stake in the popular social media app, with critics arguing that Congress should instead pass a comprehensive digital privacy law.
Lawmakers passed the Protecting Americans From Foreign Adversary Controlled Applications Act in an overwhelmingly bipartisan 352-65 vote. The legislation "prohibits distributing, maintaining, or providing internet hosting services for a foreign adversary-controlled application" like TikTok, a wholly owned subsidiary of the Chinese tech company ByteDance.
Fifty House Democrats and 15 Republicans voted against the bill.
"I voted no on the TikTok forced sale bill," Rep. Greg Casar (D-Texas) said in a statement. "While I have serious data privacy concerns with TikTok, this bill was rapidly rushed to a vote by the Republicans with almost no public scrutiny—and that's a recipe for unintended consequences."
"We need well-vetted, robust protections for TikTok users," Casar added. "Today's bill simply may not work."
Congresswoman Ilhan Omar (D-Minn.), who also voted no, said on social media that "not only are there First Amendment concerns, this is bad policy."
"We should create actual standards and regulations around privacy violations across social media companies—not target platforms we don't like," she added.
Rep. Barbara Lee (D-Calif.), another no vote, said that "rather than target one company in a rushed and secretive process, Congress should pass comprehensive data privacy protections and do a better job of informing the public of the threats these companies may pose to national security."
Proponents of the bill, which was rushed to a vote after a closed-door hearing, argue that because ByteDance is beholden to the Chinese government, TikTok could be compelled to disclose data on the approximately 170 million Americans who use the app.
If passed by the Senate and signed into law by President Joe Biden—who has vowed to approve the legislation—ByteDance will have six months to divest from TikTok or it will be banned from U.S. app stores and web hosts.
Responding to the vote, Chinese Foreign Ministry spokesperson Wang Wenbin accused the U.S. government of "resorting to hegemonic moves when one could not succeed in fair competition."
Wang added that the move "disrupts the normal operation of businesses, undermines the confidence of international investors in the investment environment, sabotages the normal economic and trade order in the world, and will eventually backfire on the U.S. itself."
"The rhetoric fueling a TikTok ban is a xenophobic, moral panic about the content on TikTok."
Civil liberties and digital rights groups blasted the House vote, with the ACLU accusing lawmakers of "violating the free speech rights of millions of Americans who use the platform daily to communicate and stay informed."
Fight for the Future said that "the rhetoric fueling a TikTok ban is a xenophobic, moral panic about the content on TikTok, disregarding... users in the U.S. that use the app for news, small business, community organizing, and free expression."
"Don't ban TikTok," the group asserted on social media. "Pass a goddamn privacy law."
Other critics highlighted U.S. tech giants' rampant abuse of user privacy. RootsAction called the bill a "serious First Amendment violation and an infringement upon free speech" that "does very little to address broader concerns about privacy rights, as U.S. based social media companies extensively violate those rights."
Jenna Ruddock, an attorney at Free Press Action, said in a
statement:
TikTok isn't perfect, but banning it is the wrong solution. Like all popular platforms, including those that Meta and Google own, TikTok collects too much data on its users. But unilaterally dismantling spaces for free expression limits people's access to information and cuts off avenues for creators to build community. The legislation also fails to meaningfully protect our privacy or address the national security concerns the bill's sponsors have raised.
"Banning a single platform will not address the problem at the root of the entire tech landscape," Ruddock contended, for "at any given time, dozens of corporations are tracking us, analyzing our behavior, and profiting off of our private information."
"It's ridiculous for Congress to single out one app while failing to act on this huge problem that's prevalent across all social media," she added. "Lawmakers should instead pass a federal privacy law that would limit how all companies collect, store, analyze, and sell our personal data."
Some critics linked the legislation to U.S. support for Israel's genocide in Gaza and TikTok users' prolific advocacy for Palestine, with RootsAction noting that the American Israel Public Affairs Committee was the leading campaign contributor to bill author Rep. Mike Gallagher (R-Wis.) during the 2021-22 election cycle.
The peace group CodePink quipped, "As Israel drops U.S. bombs on civilians daily, they'd rather ban an app than a genocide."
The legislation now heads to the Senate, where Majority Leader Chuck Schumer (D-N.Y.) only said that the chamber "will review" the bill.
"Make no mistake: The House's TikTok bill is a ban, and it's blatant censorship," ACLU senior policy counsel Jenna Leventoff argued. "Today, the House of Representatives voted to violate the First Amendment rights of more than half of the country. The Senate must reject this unconstitutional and reckless bill."
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