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Back in March 2019, TikTok had consented to a federal court directive in the US which prohibited the social media behemoth from gathering personal details from its youngest users without explicit permission from their guardians. Subsequent to a fresh lawsuit brought forth by US authorities, it is claimed that TikTok immediately breached this directive, risking fines of $51,744 per infraction every day.
The US Department of Justice, representing the Federal Trade Commission, asserted that TikTok “knowingly enabled minors below the age of 13 to establish profiles within the standard TikTok realm, consequently gathering substantial personal particulars sans furnishing parental notification or acquiring verifiable consent from parents”. This accusation was made in a complaint tendered on Friday in a California federal court, which you can view here.
Contradicting the allegations, TikTok spokesman Michael Hughes expressed strong disagreement with the claims. He reiterated an announcement made by the company in June, following the FTC’s decision to litigate, stating that several of the highlighted issues were either factually incorrect or had been addressed. Hughes emphasized that TikTok takes pride in their initiatives to safeguard children and commits to continually enhance and upgrade the platform.
In contemporary times, lawsuits pertaining to alleged encroachments on children’s privacy have become almost customary for social platforms, with major companies like Google, Microsoft, and Epic Games collectively bearing heavy penalties in millions of dollars.
The case against TikTok also intertwines with the increasing hostility of the US government towards the service, as its ownership by the China-based ByteDance has instigated national security anxieties. Some US officials and legislators have voiced concerns about China exploiting TikTok for disseminating propaganda and acquiring data on susceptible Americans. TikTok has dismissed these apprehensions as unsubstantiated fear-mongering and is battling a legal mandate requiring it to seek alternate ownership.
According to the complaint lodged on Friday, TikTok, as of 2020, prevented users from registering independently if they inputted a birthdate indicating they were under 13 years old. However, those same users were permitted to amend their birthdate and sign up without parental authorization.
Furthermore, TikTok declined to delete accounts representing minors unless the user explicitly disclosed their age on their profile, as per the lawsuit. Reportedly, TikTok’s contracted content assessors spent an average of merely five to seven seconds reviewing accounts for age-related breaches. The lawsuit contends that the defendants deliberately evaded the deletion of accounts belonging to known minors. Moreover, numerous accounts flagged as possibly owned by children were purportedly not removed due to a glitch in TikTok’s internal systems.
Although the lawsuit acknowledged that TikTok had made some enhancements to its policies and processes over time, it was accused of retaining and utilizing children’s personal data illegitimately.
Authorities also raised concerns regarding TikTok’s specialized Kids Mode. The lawsuit alleged that TikTok gathered and shared data concerning children’s engagement with the platform, constructing profiles without adequately informing parents about these activities. When parents sought to have their children’s data erased, TikTok supposedly enforced unnecessary procedures, the lawsuit further cited.
The government contended that TikTok should have been more discerning due to the 2019 court edict, which originated from TikTok’s precursor, Musical.ly, allegedly violating numerous regulations formulated to protect children’s privacy. These regulations were primarily sourced from the Children’s Online Privacy Protection Act, a legislation dating back to the late-1990s dotcom era, aimed at fostering a secure environment for children on the internet.
This year, US lawmakers have been weighing an extensive amendment in the guise of the Kids Online Safety Act, known as KOSA. Recently approved by the Senate, the proposed legislation, which you can read further about here, would compel platforms like TikTok to exert greater control over children’s interactions. Critics of KOSA have argued that it may unjustly isolate certain young demographics, such as transgender youth, from crucial support networks. The future of KOSA remains uncertain. Nonetheless, as the accusations raised against TikTok suggest, more stringent regulations might not necessarily deter companies from pursuing familiar strategies.
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