A draft agreement between TikTok and the Committee on Foreign Investment in the United States (CFIUS) to avoid a ban would have given U.S. agencies unprecedented access to TikTok’s facilities and servers. “Many of the concessions the government asked of TikTok look eerily similar to the surveillance tactics critics have accused Chinese officials of abusing,” reports Gizmodo. “To allay fears the short-form video app could be used as a Chinese surveillance tool, the federal government nearly transformed it into an American one instead.” The draft of the deal was obtained by Forbes. From a report: Forbes reports that the draft agreement, dated Summer 2022, would have given the US government agencies like the Department of Justice and Department of Defense far more access to TikTok’s operations than that of any other social media company. The agreement would let agencies examine TikTok’s US facilities, records, and servers with minimal prior notice and veto the hiring of any executive involved with leading TikTok US data security organization. It would also let US agencies block changes to the app’s terms of service in the US and order the company to subject itself to various audits, all on TikTok’s dime, per Forbes. In extreme cases, the agreement would allow government organizations to demand TikTok temporarily shut off functioning in the U.S..
The draft document, which Gizmodo could not independently verify, is reportedly around 100 pages long and contains comments sent between attorneys representing ByteDance, TikTok’s Chinese-owned parent company, and CFIUS. The agreements, if accepted as written at the time, would open TikTok’s U.S. operations up to supervision by a number of external third-party auditors and source code inspectors. ByteDance leaders, whom US lawmakers and whistleblowers have accused of maintaining close connections with The Chinese Communist Party, would be excluded from some security-related decisions involving the US version of the app.
Provisions described in the guidelines weren’t always agreed on by both parties. In several instances, according to Forbes, TikTok’s attorneys pushed back against terms that would let the government alter what types of user data ByteDance employees could view. Another point of disagreement emerged when the government reportedly asked for limitless veto power over TikTok’s future contracts. At one point, TikTok reportedly altered language that would have allowed government officials to demand changes to the apps recommendations algorithm if it promoted content the agencies disagreed with. A TikTok spokesperson said in a statement: “As has been widely reported, we’ve been working with CFIUS for well over a year to implement a national security agreement and have invested significant resources in implementing a firewall to isolate U.S. user data. Today, all new protected U.S. user data is stored in the Oracle Cloud Infrastructure in the U.S. with tightly controlled and monitored gateways. We are doing more than any peer company to safeguard U.S. national security interests.”
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