Time is TikToking Away: The Looming Fate of TikTok and Its Impact on Your Privacy🖱️
The Protecting Americans from Foreign Adversary Controlled Applications Act will have resounding impact on tech development, data management, and international relations.
In March 2024, Congress passed the Protecting Americans from Foreign Adversary Controlled Applications Act (PAFACAA) which would make it illegal for apps owned by entities in countries deemed adversarial to the United States to distribute, update, and maintain their apps. This prohibition has became famous as it would (currently) include TikTok, currently owned by BytdeDance Ltd in China; however, it extends far beyond just TikTok. The Act could extend to apps within any adversarial country pending certain conditions are met, congressional approval, and Presidential determination. There are certain types of websites and apps that are excluded from ban in this Act. There is a risk that apps gaining traction such as RedNote would fall to the same fate, pending appropriate actions within the Act.
The Act is currently being challenged at the Supreme Court and a final decision is expected any day now.
Isn’t this a First Amendment concern?
The current belief is that this is not a violation of the First Amendment since no content is actually being banned – just the platform to access the content.
So will it be illegal to use TikTok after a ban?
No. The app will be removed from the unique app stores (Apple, Google, Etc) and a user’s ability to install, update, apply security patches, and maintain while within the land and maritime borders of the United States. If a distributor or store is found to permit the app, there is a $5,000 penalty per American user. In basic terms, the app would disappear from the app stores.
As long as you have the app installed, you will be within compliance to use the app. You just will not be able to reinstall or update. Website access would no longer be available.
This is not the first time this has happened, and distributers have complied. For example, in the past, Apple has removed apps upon request of the Chinese government. This is also not the first time TikTok has been banned – 5 years ago, the app was banned in India.
So where is the risk?
Without the ability to apply updates and enhance the app, TikTok will degrade in performance and security flaws and vulnerabilities will increase. Over time, this will render the application challenging to use and a significant security risk to the date within the app (and possibly your device). Over time, the app would no longer work.
Could TikTok be saved?
Sure. According to the wording of the act, if the assets of TikTok related to the United States operation were divested to an appropriate party, the US-based usage could continue. There have been many investors expressing interest, but nothing solid has appeared just yet. These assets do NOT include the infamous TikTok Algorithm – so it is unclear how similar the US-based TikTok application would work.
Aren’t there workarounds?
Yes, there are always workarounds, such as the use of a VPN (Virtual Private Network) that would hide or mask the user’s location. Technically, this is not within compliance with the Act. Users could also leave the United State border to download updates for the app. For example, I live in Pittsburgh and could drive several hours north to Canada to download the latest TikTok version and updates; according to the wording of the act, this would not be outside of compliance.
Does this impact my firm?
Ultimately, not really unless you are also a content creator or work with clients through TikTok. The ban is designed to make your systems more secure and protect your data from being accessed or requested by foreign controlling adversarial countries. Perhaps the greatest risk is utilizing the workarounds discussed above. Without proper research and education, a user could download a VPN that contained malicious code or which actually reports the user’s data to undesired locations. Despite the ban itself, given the unknown data risk related to data disclosure within an adversarial country, TikTok should never have been used on an enterprise device or any devices that has client data.
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What about sideloading official APKs for Android users?