Kang’s thesis was premised on years’ worth of media and policymaker fearmongering that TikTok user data was susceptible to surveillance by the Chinese government (BuzzFeed News, 6/17/22; Forbes, 10/20/22; Guardian, 11/7/22). According to Kang’s colleagues, the law’s enactment was prompted by “concerns that the Chinese government could access sensitive user data” (New York Times, 4/26/24). In 2023, Montana Gov. Greg Gianforte sought to prohibit TikTok throughout his state on the grounds that “the Chinese Communist Party” was “collecting US users’ personal, private and sensitive information” (Montana Free Press, 5/17/23). (Gianforte’s attempt was later thwarted by a federal judge.)

If such fears were officials’ genuine motivation, one could hope that broader data-privacy regulation might follow. Yet, as the Times neglected to mention, the spying accusations are tenuous—and deeply cynical. As even US intelligence officials concede, apprehensions about China’s access to TikTok user data are strictly hypothetical (Intercept, 3/16/24). And, despite its bombshell headline “Analysis: There Is Now Some Public Evidence That China Viewed TikTok Data,” CNN (6/8/23) cautioned that said evidence—a sworn statement from a former ByteDance employee—“remains rather thin.”

(Emphasis original.)