Is it US or China? America drew up contract to not ban TikTok, if it gave them unlimited spying powers

US government regulators reportedly attempted to negotiate an arrangement with TikTok to prevent the app from being banned. This deal, as per a draft obtained by Forbes, would have given the federal government substantial control over the app and allowed them to essentially spy on subjects through their devices.

The deal, between TikTok and the Committee on Foreign Investment in the United States (CFIUS), would have allowed multiple US agencies unprecedented access to TikTok’s operations and records.

US wanted same powers China to spy on users
Ironically, the requirements the US government asked of TikTok resemble the surveillance tactics that critics have accused Chinese authorities of misusing. In an effort to alleviate concerns that TikTok could be exploited for Chinese surveillance, the US government seemingly aimed to turn it into an American-controlled platform instead.

According to Forbes, the draft agreement from Summer 2022 would have granted US government agencies like the Department of Justice and Department of Defense more extensive access to TikTok’s operations than any other social media company.

The agreement would have allowed agencies to inspect TikTok’s US facilities, records, and servers with minimal prior notice, or none at all in certain cases. It would have also enabled the blocking of executive appointments related to TikTok’s US data security team and permitted US agencies to hinder changes to the app’s terms of service in the US.

The government could also have ordered various audits, all funded by TikTok. In severe cases, the agreement might have empowered government organizations to demand a temporary shutdown of TikTok’s US operations.

TikTok’s spokesperson noted, “Today, all new protected US user data is stored in the Oracle Cloud Infrastructure in the US with tightly controlled and monitored gateways. We are doing more than any peer company to safeguard US national security interests.”

Agreement would have made TikTok the most compromised app
The draft document is said to be around 100 pages long, including comments exchanged between attorneys representing ByteDance, TikTok’s Chinese parent company, and the Committee on Foreign Investment in the United States or CFIUS. The potential agreements could have subjected TikTok’s US operations to oversight from external third-party auditors and source code inspectors.

ByteDance leaders, who have been accused by US lawmakers and whistleblowers of having close ties to the Chinese Communist Party, might have been excluded from certain security-related decisions regarding the US version of the app.

Agreement was so overarching that TikTok’s lawyers had to refuse
There were disagreements between the parties on some provisions. TikTok’s attorneys reportedly resisted terms that would have allowed the government to control what types of user data ByteDance employees could access.

There was also disagreement when the government allegedly sought unlimited veto power over TikTok’s future contracts. TikTok apparently revised language that would have permitted government officials to demand changes to the app’s recommendation algorithm if it showcased content the agencies disagreed with.

CFIUS initiated an investigation into ByteDance four years ago due to concerns about potential Chinese government espionage through TikTok. After then-President Trump threatened to ban TikTok, the company claimed to have reached an agreement with Oracle called “Project Texas,” in which new US user data would be stored on Oracle’s US-based cloud infrastructure.