The Banning of TikTok, and the Ban of Foreign Software for National Security Purposes
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THE BANNING OF TIKTOK, AND THE BAN OF
FOREIGN SOFTWARE FOR NATIONAL
SECURITY PURPOSES
INTRODUCTION
On August 6, 2020 President Trump issued an executive order under the
International Emergency Economic Powers Act (IEEPA) prohibiting all
interactions between American citizens and the Chinese-based company
ByteDance Ltd, essentially banning the use of the popular app TikTok in
the United States.1 Questions surrounding the legality of this ban emerged
immediately.2 While the Biden Administration reversed Trump's order,
President Biden himself has implemented his own order regarding foreign
developed technology, suggesting these cybersecurity issues will continue
to persist.
The US is not the first country to attempt to prohibit its citizens from
using an app created and owned by an out of state developer for security
reasons. China and other countries have successfully enacted laws to keep
certain foreign apps out of their citizens' hands.3 To determine the
1 [A]ction must be taken to address the threat posed by one mobile application in particular,
TikTok. Exec. Order No. 13,942, 85 Fed. Reg. 48,637 (Aug. 6, 2020), TikTok automatically captures
vast swaths of information from its users, including Internet and other network activity information such
as location data and browsing and search histories. This data collection threatens to allow the Chinese
Communist Party access to Americans' personal and proprietary information- potentially allowing
China to track the locations of Federal employees and contractors, build dossiers of personal information
for blackmail, and conduct corporate espionage. TikTok also reportedly censors content that the Chinese
Communist Party deems politically sensitive Id.
2 TikTok sued the U.S. government on Monday, accusing the Trump administration of depriving
it of due process when President Trump used his emergency economic powers to issue an executive
order that will block the app from operating in the country. Mike Isaac & Ana Swanson, TikTok Sues
U.S. Government Over Trump Ban, N.Y. TIMES,
https://www.nytimes.com/2020/08/24/technology/tiktok-sues-us-government-over-trnimp-ban.html
(Aug. 26, 2020).
3 Paige Leskin, Here Are All the Major US Tech Companies Blocked Behind China's 'Great
Firewall', BUSINESS INSIDER (Oct. 10, 2019, 11:23 AM), https://www.businessinsider.com/major-us-
tech-companies-blocked-from-operating-in-china-2019-5#soundcloud-17. Users can get around the ban
by using a virtual private network (VPN). Lani Fried, How to GetAround the Great Firewall of China,
Too MANY ADAPTERS (Mar. 17, 2021), https://toomanyadapters.com/get-around-great-firewall-
china/#:-:text=The%20easiest%20way%20to%20get,by%20%E2%80%9Cspoofing%E2%80%9D%2
0your%20location. An app launched ... in China [that] allows access to some content on Western
social media sites long banned domestically such as YouTube, marking the first product by a major
Chinese tech firm that helps internet users bypass the Great Firewall. Reuters Staff, Chinese App Allows
Small Glimpse Beyond 'Great Firewall', REUTERS (Oct. 10, 2020), https://www.reuters.con/article/us-
china-tech-firewall/chinese-app-allows-small-glimpse-beyond-great-firewall-idUSKBN26V0GQ.
Shortly after Tuber entered the app store it stopped functioning properly and then later disappeared from
the app store less than a month after its launch. Barclay Ballard, This App Helped Bypass China's Great
Firewall, but Has Vanished Into Thin Air, TECHRADAR (Oct. 15, 2020),
https://www.techradar.com/news/this-app-helped-bypass-chinas-great-firewall-but-has-vanished-into-
thin-air.
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The Banning of TikTok, and the Ban of Foreign Software for National Security Purposes
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