TikTok’s Last Dance In The US: Lessons From The India Ban

Why is the US so determined to push the company off its soil? The answer lies in one word: Data. More specifically, data finding its way back to China, where it might be leveraged by the Chinese government.

This concern isn’t new. For years, US officials have voiced unease over the app’s ability to gather sensitive user information like location, browsing habits, and even biometrics — and the potential for such data to be exploited for espionage or influence campaigns. 

Given China’s sweeping cybersecurity laws, which require companies to hand over data upon government request, the risk of TikTok becoming a conduit for foreign surveillance has been a persistent thorn in Washington’s side.

The same thing happened with India, when it banned TikTok in 2020 after the army of the two nations had a skirmish at the border, which resulted in the death of 20 Indian soldiers. Overnight, 200 million Indians lost access to TikTok, and thousands saw their livelihoods vanish as their income was tied to TikTok's platform.

But even after the ban, TikTok employees and ByteDance still have access to the personal data of Indian TikTok users, as per a Forbes report. The platform’s employees with basic access can retrieve sensitive information like users' contacts, activities, and personal details.

This data exposure raises concerns about potential misuse, as such information could be used to influence public opinion or target specific groups. The situation also points towards the limitations of bans and suggests alternative measures, like regulating data access, might offer better protection.

Like in India, the US also doesn’t have an overarching federal data protection law to address these risks comprehensively. While bans like India's aim to block public access, they often fail to tackle the root issue: Safeguarding data already collected.

And then there is another issue. Even after the ban, Indians still have access to TikTok via Virtual Private Networks (VPN), which is a tool that creates a secure, encrypted connection between your device and the internet. 

It effectively hides your online activities by masking your IP address (a digital version of your home address) and rerouting your internet traffic through a private server, making it appear as though you are browsing from a different location.

The Secretariat spoke to a journalist, on the condition of anonymity, who still has access to TikTok via VPN. The journalist lives in India but works for a media company based out of the US.

“Since our organisation’s biggest user base is in the United States, we need to see what’s trending there to find news stories and pitches. TikTok is central to my work as it helps me get those story ideas,” they added.

In an interview with the Economic Times, Brendan Carr, Commissioner of the United States Federal Communications Commission (FCC), which enforces communication laws and regulations in the country, called India a ‘guide star’ for other countries and that it has set an “incredibly important precedent.”

This growing spotlight shows how governments now see platforms like TikTok as more than just social media — they're potential security risks. India’s ban might be a good example, but its failure to handle old data shows that stronger rules, like proper data privacy laws, are needed.

As for the situation in the US, ByteDance has time till January 10, 2025 to sell its stake in TikTok, which is when the US Supreme Court will hear the company make a last ditch effort to sway the opinion of the judges as to why it should neither be sold nor banned in the country. The Chinese platform had earlier filed for a temporary injunction against the law, which the SC did not entertain.