Department of Justice Expected to File New Children’s Privacy Lawsuit Against TikTok

Ryan J. Farrick — June 23, 2024

Department of Justice signboard. Image via Ryan J. Farrick.

“The investigation uncovered reason to believe named defendants are violating or are about to violate the law and that a proceeding is in the public interest,” the F.T.C. said in a statement, adding that it has referred the case for prosecution by the Department of Justice.

The federal Department of Justice is expected to file a children’s privacy-related lawsuit against TikTok.

If filed, the complaint will mark an abrupt change in tactics: until recently, the Department of Justice had been pursuing claims that TikTok had misled adult consumers about the security of their digital information. However, the Justice Department has since indicated that it will drop these claims before filing its children’s privacy lawsuit.

The agency’s recalibration follows a Federal Trade Commission announcement, in which F.T.C. officials said that they had investigated potential “violations” by TikTok and its China-based parent company, ByteDance.

“The investigation uncovered reason to believe named defendants are violating or are about to violate the law and that a proceeding is in the public interest,” the F.T.C. said in a statement, adding that it has referred the case for prosecution by the Department of Justice.

“Although the Commission does not typically make public the fact that it has referred a complaint, we have determined that doing so here is in the public interest,” the F.T.C. said.

A spokesperson for TikTok has said that the company is “disappointed” with the direction taken by the federal government.

TikTok app presented on a phone; Chinese flag in background. Image via MaxPixel. (CCA-BY-3.0).

“We’ve been working with the F.T.C. for more than a year to address its concerns,” TikTok told FOX Business in a statement. “We’re disappointed the agency is pursuing litigation instead of continuing to work with us on a reasonable solution. We strongly disagree with the F.T.C.’s allegations, many of which relate to past events and practices that are factually inaccurate or have been addressed.”

“We’re proud of and remain deeply committed to the work we’ve done to protect children and we will continue to update and improve our product,” the company said. “We offer an age-appropriate experience with stringent safeguards, proactively remove underage teenagers, and have voluntarily launched safety features such as default screentime limits, family pairing, and privacy by default for minors under 16.”

The F.T.C.’s probe, and the probable Justice Department lawsuit, are the latest developments in a years-long series of escalations between the U.S. government and TikTok.

Congress, for instance, recently passed legislation targeting TikTok. Under the terms of the bill, TikTok must either be divested from its China-based owner, or face the prospect of a potential nationwide ban.

TikTok, alongside a number of its “content creators,” have since filed their own claims challenging the possibility of a ban. In its lawsuit against the government, TikTok said that rapid divesture is “not possible technologically, commercially, or legally,” and emphasized that the “Chinese government has made clear in public statements that it would not permit a forced divestment of the recommendation engine.”