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The Guardian - AU
The Guardian - AU
Technology
Josh Taylor

TikTok must divest itself of Chinese ownership or face ban, FCC commissioner tells Australian inquiry

 TikTok logo displayed outside the social media app's company offices in Culver City, California.
TikTok has attempted to head off any potential ban by moving US user data to third-party servers within the United States. Photograph: Patrick T Fallon/AFP/Getty Images

TikTok will either need to divest itself from Chinese ownership or face a ban in the United States, according to the commissioner of the US federal communications commission, Brendan Carr, who accused the company of “gaslighting” the public on surveillance concerns.

Appearing before the Australian Senate inquiry into foreign influence through social media, the Trump appointee said concern about TikTok in the US was “broad and deep”, and crossed party lines.

Following the United Kingdom, Australia and other countries’ ban of the app from government devices, the US is considering a full ban nationally. Legislation enacting a statewide ban was recently passed in Montana.

TikTok has attempted to head off any potential ban by moving US user data to third-party servers within the country. It is also allowing its source code to be scrutinised by US tech firm Oracle, which will screen TikTok app updates.

Carr told the committee while that was ultimately an issue being handled by the US Treasury department, there was a common view among Democrats and Republicans that the data could not be prevented from being accessed by Chinese government officials under the 2017 national security law.

Carr, the most senior Republican member on the FCC, said only an outright ban of the app in the United States or removing all corporate ties to China would be acceptable.

“Ultimately, I think some sort of … legislation that imposes a ban or a genuine divestiture is the way forward right now,” he said.

“The argument that somehow TikTok is going to stand up to the CCP is belied by their inability to do it at any point in time publicly. For instance, when asked in US media interviews, whether they acknowledge the existence of the Uyghur genocide, their official on TV refused to address it.”

Carr said that a Project Texas plan might work for other Chinese companies, but TikTok’s actions to date meant there was no trust for the United States.

“We’ve had this years-long approach that strikes me is nothing short of a gaslighting in terms of their misrepresentations,” he said.

A spokesperson for TikTok said divestment wouldn’t solve the problem if national security is the objective.

“A change in ownership would not impose any new restrictions on data flows or access. The best way to address concerns about national security is with the transparent, US-based protection of US user data and systems, with robust third-party monitoring, vetting, and verification, which we are already implementing.”

The Australian government has announced no plans beyond the ban of TikTok from government devices, but the Coalition is likely to push the Labor government for more restrictions on the app.

The chair of the inquiry and shadow home affairs minister, senator James Paterson, opened the hearing by saying that the inquiry would serve as a starting point on making Australians a harder target for foreign interference.

“We cannot allow foreign authoritarian regimes to have unfettered access to the devices of millions of Australians and the powerful opportunity that offers them to influence our democracy,” he said. “The work starts today to make us a harder target against the threat of cyber enabled foreign interference.”

TikTok this week issued a factcheck on claims made about the app, and denied that Australian user data could be accessed in China.

The inquiry is holding initial hearings on Thursday and Friday, and is due to report back to parliament in August.

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