If you’re one of the over 170 million TikTok users in the United States, you’ve probably seen TikTok as a regular in the news. TikTok, a highly popular social media platform operated by the Chinese technology company ByteDance, Inc., enables users to create, watch, and share short videos. TikTok’s infamous algorithm (the basis of many lawsuits), determines the content each user is able to access by analyzing viewing preferences, among other calculations. Since its creation in 2018 (formerly called musical.ly), TikTok has rapidly expanded from a lip-syncing app to a content creation platform used for fun and business. But as the app has grown in popularity, it has also faced extreme scrutiny for privacy and security concerns. Additionally, TikTok has been under fire for its addictive nature, as the algorithm creates a scenario where users (including children) quickly get immersed in a sea of auto-suggested content.
U.S. Government Ban of TikTok from Employee Devices
As 2022 came to a close, the U.S. Congress banned TikTok from federal government devices. The ban came through a bipartisan spending bill but included a provision that prohibits the use of TikTok on federal government devices owned by its agencies, with limited exceptions for law enforcement, national security and security research purposes. The ban affected an estimated 4 million government employees. The bill was signed into law by President Biden in February of 2023, which gave government employees thirty days to remove the application from devices.
State Bans of TikTok
The federal government wasn’t the only government branch to ban TikTok on government devices. Many states began banning the app on its government owned devices in 2022. The move began after FBI Director Chris Wray said the Chinese government could use the app to control data collection on millions of U.S. users or control the recommendation algorithm, which could be used for influence operations.
Those states included Alabama, Alaska, Arizona, Arkansas, Delaware, Florida, Georgia, Idaho, Illinois, Indiana, Iowa, Kansas, Kentucky, Louisiana, Maine, Maryland, Michigan, Mississippi, Montana, Nebraska, Nevada, New Hampshire, New Jersey, North Carolina, North Dakota, Ohio, Oklahoma, Oregon, Pennsylvania, South Carolina, South Dakota, Tennessee, Texas, Utah, Vermont, Virginia, West Virginia, Wisconsin and Wyoming.
In 2023, Montana became the first U.S. state to ban the app for all state users, the first ban that went beyond regulation on government devices. Montana’s ban has since been blocked by a federal judge over concerns that the state law oversteps state power and violates Americans’ First Amendment rights to free speech. Montana’s statewide ban is still pending in the U.S. Court of Appeals, but the remaining bans on government devices remain intact.
The Federal Ban
In April 2024, lawmakers approved a foreign aid package which included a provision requiring ByteDance to sell its stake in TikTok or face a ban from U.S. app stores. President Biden signed the measure into law the same month, starting the clock for TikTok’s potential sale. The current deadline for ByteDance to sell its interest is January 19, 2025, one day before inauguration day.
In May, ByteDance and TikTok sued the Justice Department, claiming the law violates users’ First Amendment rights and, along with other legal challenges. They also asked the court to block enforcement, arguing the app’s shutdown by early next year is imminent and that a sale is unfeasible within the given timeframe. Due to the timeline, the U.S. Court of Appeals for the D.C. Circuit expedited the case. Oral arguments were held in October before a three-judge panel in Washington, D.C. To date, the lawsuit is pending with no decision on the oral arguments held in October.
The future of the ban remains in an unknown state between the pending lawsuit and the upcoming change in administration. While President-elect Donald Trump once supported banning TikTok, openly calling for the ban of the app in his first term and even attempting to use his emergency power to block the app, he has recently alluded to a plan to stop the federal ban. While President-Elect Trump has not been clear about his plans, support from the incoming administration may be another outlet to federally save the app.
TikTok and the Rest of the World
Several countries have implemented similar bans on TikTok, primarily targeting government-issued devices due to security concerns. For example, Australia, Denmark, and Latvia issued restrictions that apply to devices from certain government agencies that relate to foreign affairs, while Belgium, Canada, Taiwan, the United Kingdom and Norway have banned TikTok on all government devices. Similarly, France and New Zealand restrict use of the app on any work devices or professional devices of their civil servants. The European Union has extended bans to staff devices of its Parliament, Commission, and Council. These measures reflect growing concerns about data security and privacy related to the platform.
Universal Music Group Pulls Its Artists from TikTok
Universal Music Group (UMG), representing major artists like Taylor Swift, Drake, Ariana Grande, and Billie Eilish, pulled its entire music catalog from TikTok following a contract dispute. Ahead of its contract expiration on January 31, UMG issued a letter criticizing the platform for undercompensating songwriters and artists. UMG argued that TikTok’s proposal offered only a fraction of what other social platforms pay, enabling TikTok to build a music-driven business without paying fair value for the music. The use of AI also became a sticking point, as UMG claimed TikTok was allowing AI-generated music to proliferate unchecked, potentially harming the livelihoods of human artists.
In addition to compensation and AI-related grievances, UMG raised concerns over TikTok’s approach to user safety, pointing out the platform’s failure to address widespread hate speech, bigotry, bullying, and harassment. While TikTok and UMG have since settled to bring the UMG’s music back onto the platform, UMG’s complaints have emerged alongside a Senate hearing where tech CEOs, including TikTok’s, faced criticism for concerns over inadequate child safety measures.
TikTok Faces State Lawsuits Over Allegations of Harm to Youth
A coalition led by attorneys general from fourteen states filed coordinated lawsuits against TikTok in October, joining the nine other states who have filed action against the social media giant. The October lawsuits accuse the social media platform of harming young users through addictive design features, reflecting a growing national concern of the power and impact that social media platforms have against youth users. The lawsuits allege that TikTok’s business model intentionally exploits children and teenagers to maximize engagement, leading to detrimental effects on their mental and physical health. This legal battle against TikTok is just another in a series of American legal actions against the company, including the pending federal ban, signed by former President Joe Biden in April and set to take effect January 19th.
The lawsuits assert that TikTok’s business model revolves around keeping users, particularly young people, engaged on the platform for extended periods through manipulative algorithms. These algorithms are designed to exploit children’s psychological vulnerabilities, creating a habit-forming experience that encourages prolonged use. The complaints further claim that TikTok’s actions violate state consumer protection laws through:
- Addictive Content Algorithms: TikTok’s content-recommendation system is allegedly designed to maximize the time young users spend on the platform.
- Manipulation of Psychological Vulnerabilities: The platform is accused of using features that exploit children’s natural susceptibilities, encouraging unhealthy patterns of use.
- Deceptive Marketing: TikTok is also charged with falsely portraying itself as a platform that promotes the safety and well-being of young users, while simultaneously engaging in practices that harm them.
The lawsuits requested penalties vary by state, but include up to $25,000 per violation, along with court orders to limit TikTok’s harmful practices and require repayment of profits gained through the allegedly illegal tactics.
Growing Public Concern Over Well-Being of Youth Users
The lawsuits come amid growing evidence linking social media use to rising rates of depression, anxiety, and other mental health issues among teenagers. According to a 2023 Pew Research study, more than 60% of teens between the ages of 13 and 17 use TikTok, with most reporting daily use. Critics argue that TikTok’s design, which keeps users scrolling through a near-endless stream of content, exacerbates these mental health issues by encouraging screen time at the expense of sleep, physical activity, and social interaction.
State officials leading these lawsuits argue that tech companies have a responsibility to protect young users from harmful practices, and that the failure to do so constitutes a violation of consumer protection laws. “Social media companies, out of basic greed, intentionally design their platforms to addict users and keep them scrolling. The more time users spend on the platform, the more money in TikTok’s pockets. Tragically, it is our youth who are most harmed by these predatory practices,” stated Oregon’s attorney general, Ellen Rosenblum, when announcing her recent suit against the company.
The legal action reflects a growing bipartisan movement to hold social media companies accountable for their impact on youth. Participating states include California, New York, Illinois, Kentucky, Louisiana, Massachusetts, Mississippi, North Carolina, New Jersey, South Carolina, Vermont, Oregon, Washington, Texas, Utah, Indiana, District of Columbia, New Hampshire, Nevada, Iowa, Kansas, and Arkansas. This wave of legal actions underscores the widespread concern over the mental health and well-being of children and teenagers, particularly in relation to their use of social media platforms.
Implications of the TikTok and the Tech Industry
TikTok has previously defended itself against similar accusations, claiming that it prioritizes user safety and well-being through content moderation and various protective measures for younger users. However, if these lawsuits result in significant penalties or regulatory action, TikTok could be forced to make substantial changes to its platform design and business practices.
TikTok is not the only platform facing scrutiny. Last year, attorneys general from more than a dozen states sued Meta, which owns Facebook and Instagram, for similar concerns. This legal effort highlights a broader movement toward increased scrutiny of the tech industry. With rising concerns over the impact of social media on youth mental health, the outcome of these lawsuits could set important legal precedents for how tech companies are regulated, particularly in terms of protecting vulnerable populations.
The repercussions could also expand beyond TikTok and minors. A recent Pew Research Center study focused on the share of adults who use TikTok. In review of news sources in adults, Pew Research Center found that young adults turning to TikTok for news has grown about fivefold since 2020, with the number up to 4 in 10 U.S. young adults. While TikTok’s presence may be growing, surveyed adults ranked it only fourth as a common news source. Facebook remains most popular among adults, followed by YouTube and X, formerly Twitter.
The multi-state lawsuits against TikTok represent a significant step in the ongoing effort to hold social media companies accountable for their role in shaping youth behavior and well-being. As more states join the legal battle, the cases could have far-reaching consequences not only for TikTok but for the entire tech industry, especially regarding its responsibility to safeguard the mental and physical health of young users.
Conclusion
Overall, TikTok, has faced a series of legal and regulatory challenges in the past two years, ranging from bans on government devices to lawsuits over its impact on youth. These developments reflect the growing scrutiny of the tech industry, particularly regarding its data security, content moderation, and user well-being practices. As TikTok awaits the outcome of a pending federal ban and multiple state lawsuits, the future of the app remains uncertain. The platform’s fate could have significant implications not only for its millions of users, but also for the broader social media landscape and the role of technology in society.
To discuss further, please contact KJK attorneys Emily Korthaus (ELS@kjk.com) or Ali Arko (ALA@kjk.com).