TikTok Confirms It Offered US Government a 'Kill Switch'

TikTok revealed it offered the U.S. government a "kill switch" in 2022 to address data protection and national security concerns, allowing the government to shut down the platform if it violated certain rules. The disclosure was made as it began its legal fight against legislation that will require ByteDance to divest TikTok's U.S. assets or face a ban. The BBC reports: "This law is a radical departure from this country's tradition of championing an open Internet, and sets a dangerous precedent allowing the political branches to target a disfavored speech platform and force it to sell or be shut down," they argued in their legal submission. They also claimed the US government refused to engage in any serious settlement talks after 2022, and pointed to the "kill switch" offer as evidence of the lengths they had been prepared to go. TikTok says the mechanism would have allowed the government the "explicit authority to suspend the platform in the United States at the US government's sole discretion" if it did not follow certain rules. A draft "National Security Agreement", proposed by TikTok in August 2022, would have seen the company having to follow rules such as properly funding its data protection units and making sure that ByteDance did not have access to US users' data. The "kill switch" could have been triggered by the government if it broke this agreement, it claimed. In a letter - first reported by the Washington Post - addressed to the US Department of Justice, TikTok's lawyer alleges that the government "ceased any substantive negotiations" after the proposal of the new rules. The letter, dated 1 April 2024, says the US government ignored requests to meet for further negotiations. It also alleges the government did not respond to TikTok's invitation to "visit and inspect its Dedicated Transparency Center in Maryland." Further reading: TikTok Says US Ban Inevitable Without a Court Order Blocking Law

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