A US state asked for evidence to ban TikTok. The FBI offered none

Emails present officers within the state of Connecticut opted to not ban the Chinese language-owned app after consulting with the FBI.

China's flags are seen near a TikTok logo in this illustration picture.
Chinese language-owned TikTok is the goal of a rising record of bans in the USA [File: Florence Lo/Reuters]

When Maryland turned the most recent US state to ban the usage of TikTok on authorities units and networks final month, cybersecurity officers within the state of Connecticut turned to the FBI for steering.

They needed to know if the FBI had further info to assist a ban of their state amid dire warnings by the regulation enforcement company’s management and Republican governors that the Chinese language-owned app posed critical threats to privateness and nationwide safety.

“Good morning gents. We’re searching for any suggestions on TikTok after Maryland moved to ‘ban’ its use,” Jeff Brown, the chief info safety officer for Connecticut, stated in an electronic mail to a contact on the FBI on December 7.

“Our logic is captured beneath, however we’d be all in favour of your ideas. Admire any suggestions,” Brown stated within the electronic mail, which was additionally despatched to contacts on the Cybersecurity and Infrastructure Safety Company (CISA) and the Division of Homeland Safety.

Brown included in his message an electronic mail chain during which he and Mark Raymond, Connecticut’s chief info officer (CIO), expressed settlement that Maryland’s ban seemed to be a case of “overreach”.

Provided an opportunity to supply further info in assist of a ban, the FBI contact declined.

Connecticut

Connecticut
[Connecticut Department of Administrative Services]

“I requested one in all my analysts to achieve out to our HQ,” the FBI agent, who leads a group in Connecticut targeted on cybercrime, stated in an electronic mail to Brown.

“She emailed me in the direction of the top of the day to say that she couldn’t discover proof that we had any further info to share.”

Maryland and different states that had introduced TikTok bans appeared to have “based mostly their choices on information studies and different open supply details about China usually, not particular to Tik Tok,” the FBI agent quoted his analyst as saying.

“Sorry we don’t have extra to supply,” the FBI agent stated.

The CISA contact, a cybersecurity adviser for Connecticut, informed Brown he had “no further” info and would suggest deferring to the steering of the FBI.

Al Jazeera obtained the Connecticut state authorities emails, together with emails from a number of different state governments, after submitting public data requests with the 50 US states and the District of Columbia.

Symbol of the FBI, the Federal Bureau of Investigation, on a floor.
Cybersecurity officers in Connecticut final month requested the FBI for recommendation on banning TikTok [File: Yuri Gripas/Reuters]

Raymond, the Connecticut CIO, in the end decided that the danger of TikTok was “low” based mostly on the truth that, amongst different standards, he had obtained no info suggesting Tiktok had misused knowledge, considerations in regards to the app appeared to don't have anything to do with the platform itself, and a ban may “drive further Chinese language cyber exercise and curiosity in Connecticut.”

He really helpful that Connecticut Governor Ned Lamont, a Democrat, “take no motion at the moment” however proceed to observe the scenario.

Connecticut
[Connecticut Department of Administrative Services]

When contacted by Al Jazeera for remark, Raymond stated defending state networks is an “extraordinarily excessive precedence for us”.

“We recurrently assessment safety threats in opposition to the state and act as warranted,” he stated. “We're supportive of nationwide motion on subjects that will threaten our nationwide safety and proceed to work with all our companions on probably the most applicable suggestions for our state.

The episode in Connecticut, which has not been beforehand reported, stands in distinction to the dire public warnings FBI Director Christopher Wray has made about TikTok.

Wray has repeatedly warned that China may use TikTok to “manipulate content material” to hold out affect operations and steal private knowledge for espionage functions.

“All of these items are within the arms of a authorities that doesn’t share our values, and that has a mission that’s very a lot at odds with what’s in the very best pursuits of the USA,” Wray informed a College of Michigan occasion final month. “That ought to concern us.”

In response to a request for remark, the FBI Nationwide Press Workplace directed Al Jazeera to previous feedback by Wray during which he stated the company is advising the Committee on Overseas Funding in the USA (CFIUS) amid its discussions with TikTok on methods to deal with nationwide safety fears and expressed concern in regards to the Chinese language authorities forcing firms at hand over delicate knowledge.

FBI Director Christopher Wray
FBI Director Christopher Wray has repeatedly described TikTok as a nationwide safety menace [File: Graeme Jennings/pool via Reuters]

TikTok’s dad or mum firm ByteDance, which has its headquarters in Beijing and is integrated within the Cayman Islands, argues that the FBI’s warnings in regards to the app relate to purely hypothetical considerations and no proof has been introduced of wrongdoing.

ByteDance has lengthy insisted it will by no means share consumer knowledge with the Chinese language authorities and says it's working to deal with hypothetical nationwide safety dangers as a part of a deal it's negotiating with CFIUS.

“As we have now stated earlier than, these state and college bans aren't pushed by particular intelligence about TikTok and are pushed by misinformation about our firm and our service,” TikTok spokeswoman Brooke Oberwetter informed Al Jazeera.

“We stand prepared to totally temporary state and native officers about our complete plan to deal with nationwide safety considerations, plans developed underneath the oversight of our nation’s prime nationwide safety businesses.”

At the same time as bans on TikTok collect steam, tech specialists — and even some authorities officers, as within the case of Connecticut — acknowledge there may be little technical proof to justify the extent of concern and anxiousness the video-streaming platform, one of many world’s hottest apps, has impressed.

As a substitute, most arguments for limiting the app have rested on broader distrust of Beijing, together with fears the Chinese language authorities may entry customers’ private knowledge or manipulate public opinion for nefarious ends.

“We haven’t seen any proof that TikTok is a larger threat than another social media platform,” Cliff Lampe, a professor of knowledge on the College of Michigan, informed Al Jazeera.

“The only real concern expressed is that its foremost proprietor is a Chinese language firm — though most TikTok site visitors within the US is managed on US servers. The logic is that the Chinese language authorities may importune TikTok for personal consumer knowledge.”

Bytedance logo
TikTok’s dad or mum firm, ByteDance, has denied claims that the favored app poses a menace to privateness or nationwide safety [File: Dado Ruvic/Illustration]

Whereas the Trump administration first put TikTok within the crosshairs in 2020 with proposals for an outright ban, efforts to stymie the app gained momentum after South Dakota introduced its ban in November final 12 months.

South Dakota Governor Kristi Noem claimed the Chinese language Communist Celebration used the app to “manipulate the American individuals” and stated her state would don't have any half within the “intelligence gathering operations of countries who hate us”.

Amongst Republicans, the get together affiliation of Noem and different governors that rolled out early bans seems to have had some affect in persuading different states to observe go well with.

In December final 12 months, the Republican Governors Public Coverage Committee (RGPPC), a public coverage organisation for selling conservative coverage on the state degree, despatched out a publication to Republican-led state governments highlighting latest bans in South Dakota, South Carolina, Maryland and Texas.

“Throughout the previous week, 4 Republican governors banned or restricted the social media platform, TikTok, on state units,” Zach Swint, a senior coverage adviser for the RGPPC, wrote within the December 7 publication.

In North Dakota, which banned TikTok on state units on December 13, the publication prompted the chief of employees to Governor Doug Burgum to request state cybersecurity officers to “rapidly decide if we have now any state units utilizing TikTok and if we should always contemplate an motion like different governors beneath”.

“Please expedite this and ship a suggestion as rapidly as doable,” Jace Beehler stated in an electronic mail dated December 8.

Lampe, the College of Michigan professor, stated that states seem to have seemed to one another for classes on the way to deal with TiKTok “given their lack of understanding within the space”.

“The hazard of that, nevertheless, is that if the laws is misguided then it would replicate itself rapidly with little essential examination. My sense is that a part of that is that legislatures are largely run by older individuals, who may even see a youth-oriented social platform as banal, so the hazard of being too strict is low.”

Bipartisan considerations

A minimum of 28 US states, together with Texas, Alabama, North Carolina and Georgia, have launched bans on TikTok for presidency units thus far. Whereas a majority are led by Republican governors, Democratic-led states similar to Wisconsin and North Carolina have additionally rolled out bans, which have more and more attracted bipartisan assist.

In December, US President Joe Biden signed laws containing a ban for federal authorities units, whereas various Republican politicians are pushing laws to ban the app outright. Universities in Texas, Oklahoma, Arkansas, Georgia and Iowa have in latest weeks additionally introduced bans for official units.

Marc Faddoul, codirector of AI Forensics, a European non-profit that researches the mechanics of TikTok, stated that considerations that the app has entry to massive quantities of non-public knowledge and could possibly be used to sway public opinion are each affordable and mired in hypocrisy.

“The considerations, I believe, are reputable however I believe the US authorities’s place is hypocritical as a result of the identical concern is true for another nation with respect to the American platforms,” Faddoul informed Al Jazeera, including that it is usually vital to acknowledge that the US authorities has extra respect for democratic norms than its Chinese language counterpart.

“The US authorities may and has prior to now leverage their energy, their home firms for nationwide safety pursuits and will within the context of a battle make use of it probably to filter to advertise particular forms of info.”

Faddoul stated discussions ought to focus extra on defending consumer knowledge throughout the business as a substitute of simply TikTok alone.

“I do consider that a greater strategy is to do one thing that's systematic for the entire business by way of knowledge safety legal guidelines,” he stated.

Ned Lamont at a lectern at the Connecticut State Capitol.
Connecticut Governor Ned Lamont has not introduced restrictions on TikTok [File: Jessica Hill/AP]

At the same time as a majority of US states have rolled out TikTok bans, some state officers have expressed ambivalence in regards to the app.

In some instances, state governments have carved out exemptions in recognition of the app’s usefulness for some official enterprise.

In Utah, which banned TikTok on state units on December 12, officers on the Division of Juvenile Justice and Youth Providers sought an exemption to permit some employees to entry the app, emails obtained by Al Jazeera by way of a public data request present.

In South Carolina, one of many first states to announce a ban, officers retroactively launched modifications to permit “recognized” regulation enforcement personnel to entry TikTok, in line with emails obtained through a public data request.

In New Jersey, the place Democrats management the governorship and each branches of the legislature, the state’s prime cybersecurity official final month expressed a desire for limiting the app to “separate and remoted units” somewhat than a complete ban, in line with emails revealed by Al Jazeera final month. New Jersey, like most different Democratic-led states, has but to publicly announce restrictions on the app.

Some states seem to have most well-liked a quiet strategy to limiting the usage of TikTok.

In Michigan, Caleb Buhs, the state’s director of communications, informed colleagues TikTok can be added to an inventory of social media platforms not authorised for official use from the next month, emails present.

Michigan has not but introduced a ban on the app and Democrat Gretchen Whitmer, the state’s governor, continues to function a TikTok account the place she recurrently posts movies.

Sara Collins, an professional in knowledge safety and client privateness on the non-profit Public Information, stated TikTok’s hyperlinks to China deserve scrutiny, however the controversy across the app has distracted from the broader lack of privateness protections within the web age.

“Given China’s authoritarian authorities and its management of its companies imply that TikTok rightly deserves further scrutiny,” Collins informed Al Jazeera.

“Nonetheless, the discourse surrounding the TikTok bans have largely moved away from addressing particular dangers and turn out to be a handy means for politicians to sign they're anti-China. TikTok, like all social media platforms, collects huge quantities of knowledge about its customers. As we have now seen with different main tech firms, this fixed surveillance could cause hurt.”

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