TikTok is defending itself against a potential ban in the US by highlighting that other Chinese companies, such as Shein and Temu, may be collecting just as much data as it does. This defense strategy was presented in a court hearing last Monday, where TikTok aimed to block a law that could force the app to be sold or banned in the United States.
TikTok’s defense team argued that the Protecting Americans from Foreign Adversary Controlled Applications Act (PAFACA) unfairly targets the app for the speech on its platform and violates the First Amendment. The team pointed out that the law exempts other Chinese apps, such as ecommerce sites, that may be doing worse in terms of data security protection.
Exemptions in the PAFACA Act
The PAFACA Act has an exemption clause that protects companies whose primary purpose is to allow users to post product reviews, business reviews, or travel information and reviews. TikTok claims that this clause would likely protect Shein and Temu, as well as similar ecommerce sites, but not TikTok.
Shein and Temu are ecommerce companies linked to China that have gained significant presence in the US. They collect a wealth of privacy data from their customers, but are exempt from the PAFACA Act due to their primary purpose. TikTok argues that this exemption shows Congress favors topics like products, business, and travel instead of politics, religion, and entertainment, making it a First Amendment infringement.
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