WASHINGTON — In a fresh broadside against one of the world’s most popular technology companies, the Justice Department late Friday accused TikTok of harnessing the capability to gather bulk information on users based on views on divisive social issues like gun control, abortion and religion.

Government lawyers wrote in a brief filed to the federal appeals court in Washington that TikTok and its Beijing-based parent company ByteDance used an internal web-suite system called Lark to enable TikTok employees to speak directly with ByteDance engineers in China.

TikTok employees used Lark to send sensitive data about U.S. users, information that has wound up being stored on Chinese servers and accessible to ByteDance employees in China, federal officials said.

One of Lark’s internal search tools, the filing states, permits ByteDance and TikTok employees in the U.S. and China to gather information on users’ content or expressions, including views on sensitive topics, such as abortion or religion. Last year, The Wall Street Journal reported TikTok had tracked users who watched LGBTQ content through a dashboard the company said it had since deleted.

The new court documents represent the government’s first major defense in a consequential legal battle over the future of the popular social media platform, which is used by more than 170 million Americans. Under a law signed by President Joe Biden in April, the company could face a ban in a few months if it doesn’t break ties with ByteDance.

The measure was passed with bipartisan support after lawmakers and administration officials expressed concerns that Chinese authorities could force ByteDance to hand over U.S. user data or sway public opinion towards Beijing’s interests by manipulating the algorithm that populates users’ feeds.

The Justice Department warned, in stark terms, of the potential for what it called “covert content manipulation” by the Chinese government, saying the algorithm could be designed to shape content that users receive.

“By directing ByteDance or TikTok to covertly manipulate that algorithm; China could for example further its existing malign influence operations and amplify its efforts to undermine trust in our democracy and exacerbate social divisions,” the brief states.

The concern, they said, is more than theoretical, alleging that TikTok and ByteDance employees are known to engage in a practice called “heating” in which certain videos are promoted in order to receive a certain number of views. While this capability enables TikTok to curate popular content and disseminate it more widely, U.S. officials posit it can also be used for nefarious purposes.

Justice Department officials are asking the court to allow a classified version of its legal brief, which won’t be accessible to the two companies.

Nothing in the redacted brief “changes the fact that the Constitution is on our side,” TikTok spokesperson Alex Haurek said in a statement.

“The TikTok ban would silence 170 million Americans’ voices, violating the 1st Amendment,” Haurek said. “As we’ve said before, the government has never put forth proof of its claims, including when Congress passed this unconstitutional law. Today, once again, the government is taking this unprecedented step while hiding behind secret information. We remain confident we will prevail in court.”

In the redacted version of the court documents, the Justice Department said another tool triggered the suppression of content based on the use of certain words. Certain policies of the tool applied to ByteDance users in China, where the company operates a similar app called Douyin that follows Beijing’s strict censorship rules.

But Justice Department officials said other policies may have been applied to TikTok users outside of China. TikTok was investigating the existence of these policies and whether they had ever been used in the U.S. in, or around, 2022, officials said.

The government points to the Lark data transfers to explain why federal officials do not believe that Project Texas, TikTok’s $1.5 billion mitigation plan to store U.S. user data on servers owned and maintained by the tech giant Oracle, is sufficient to guard against national security concerns.

In its legal challenge against the law, TikTok has heavily leaned on arguments that the potential ban violates the First Amendment because it bars the app from continued speech unless it attracts a new owner through a complex divestment process. It has also argued divestment would change the speech on the platform because a new social platform would lack the algorithm that has driven its success.

In its response, the Justice Department argued TikTok has not raised any valid free speech claims, saying the law addresses national security concerns without targeting protected speech, and argues that China and ByteDance, as foreign entities, aren’t shielded by the First Amendment.

TikTok has also argued the U.S. law discriminates on viewpoints, citing statements from some lawmakers critical of what they viewed as an anti-Israel tilt on the platform during its war in Gaza.

Justice Department officials disputes that argument, saying the law at issue reflects their ongoing concern that China could weaponize technology against U.S. national security, a fear they say is made worse by demands that companies under Beijing’s control turn over sensitive data to the government. They say TikTok, under its current operating structure, is required to be responsive to those demands.

Oral arguments in the case is scheduled for September. 
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washington — This week, as Taiwan was preparing for the start of its Han Kuang military exercises, its air defense system detected a Chinese drone circling the island. This was the sixth time that China had sent a drone to operate around Taiwan since 2023.

Drones like the one that flew around Taiwan, which are tasked with dual-pronged missions of reconnaissance and intimidation, are just a small part of a broader trend that is making headlines from Ukraine to the Middle East to the Taiwan Strait and is changing the face of warfare. 

The increasing role that unmanned aerial vehicles, or UAVs, play and rising concern about a Chinese invasion of democratically ruled Taiwan is pushing Washington, Beijing and Taipei to improve the sophistication, adaptability and cost of drone technology.

‘Hellscape’ strategy

Last August, the Pentagon launched a $1 billion Replicator Initiative to create air, sea and land drones in the “multiple thousands,” according to the Defense Department’s Innovation Unit. The Pentagon aims to build that force of drones by August 2025.

The initiative is part of what U.S. Admiral Samuel Paparo recently described to The Washington Post as a “hellscape” strategy, which aims to counter a Chinese invasion of Taiwan through the deployment of thousands of unmanned drones in the air and sea between the island and China.

“The benefits of unmanned systems are that you get cheap, disposable mass that’s low cost. If a drone gets shot down, the only people that are crying about it are the accountants,” said Zachary Kallenborn, a policy fellow at George Mason University. “You can use them at large amounts of scale and overwhelm your opponents as well as degrade their defensive capabilities.”

The hellscape strategy, he added, aims to use lots of cheap drones to try to hold back China from attacking Taiwan.

Drone manufacturing supremacy

China has its own plans under way and is the world’s largest manufacturer of commercial drones. In a news briefing after Paparo’s remarks to the Post, it warned Washington that it was playing with fire. 

“Those who clamor for turning others’ homeland into hell should get ready for burning in hell themselves,” said Senior Colonel Wu Qian, spokesperson for the Chinese defense ministry.

“The People’s Liberation Army is able to fight and win in thwarting external interference and safeguarding our national sovereignty and territorial integrity. Threats and intimidation never work on us,” Wu said.

China’s effort to expand its use of drones has been bolstered, analysts say, by leader Xi Jinping’s emphasis on technology and modernization in the military, something he highlighted at a top-level party meeting last week.

“China’s military is developing more than 50 types of drones with varying capabilities, amassing a fleet of tens of thousands of drones, potentially 10 times larger than Taiwan and the U.S. combined,” Michael Raska, assistant professor at Singapore’s Nanyang Technological University, told VOA in an email. “This quantitative edge currently fuels China’s accelerating military modernization, with drones envisioned for everything from pre-conflict intel gathering to swarming attacks.”

Analysts add that China’s commercial drone manufacturing supremacy aids its military in the push for drone development. China’s DJI dominates in production and sale of household drones, accounting for 76% of the worldwide consumer market in 2021.

The scale of production and low price of DJI drones could put China in an advantageous position in a potential drone war, analysts say.

“In Russia and Ukraine, if you have a lot of drones – even if they’re like the commercial off-the-shelf things, DJI drones you can buy at Costco – and you throw hundreds of them at an air defense system, that’s going to create a large problem,” said Major Emilie Stewart, a research analyst at the China Aerospace Studies Institute.

China denies it is seeking to use commercial UAV technology for future conflicts.

“China has always been committed to maintaining global security and regional stability and has always opposed the use of civilian drones for military purposes,” Liu Pengyu, spokesperson for the Chinese Embassy in Washington, told VOA. “We are firmly opposed to the U.S.’s military ties with Taiwan and its effort of arming Taiwan.”

Drone force

With assistance from its American partners, pressure from China and lessons from Ukraine, Taiwan has been pushing to develop its own domestic drone warfare capabilities.

The United States has played a pivotal role in Taiwan’s drone development, and just last week it pledged to sell $360 million of attack drones to the Taipei Economic and Cultural Representative Office, or TECRO, Taiwan’s de facto embassy in Washington.

“Taiwan will continue to build a credible deterrence and work closely with like-minded partners, including the United States, to preserve peace and stability in the region,” TECRO told VOA when asked about the collaboration between Taipei and Washington. “We have no further information to share at this moment.”

The effort to incorporate drones into its defense is crucial for Taiwan, said Eric Chan, a senior nonresident fellow at the Global Taiwan Institute.

“The biggest immediate effects of the U.S. coming into this mass UAV game is to give Taiwan a bigger advantage to be able to, first, detect their enemy and, second, help them build a backstop to their own capabilities as well,” Chan said.

With the potential for China to consider using drones in an urban conflict environment, Taiwan is recognizing the importance of stepping up its counter-drone defense systems.

“After multiple intrusions of Chinese drones in outlying islands, the Taiwan Ministry of Defense now places great emphasis on anti-drone capabilities,” said Yu-Jiu Wang, chief executive of Tron Future, an anti-drone company working with the Taiwanese military.

The demand is one that Wang said his company is willing and ready to fill.
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LOS ANGELES — Hollywood’s video game performers voted Thursday to go on strike, throwing part of the entertainment industry into another work stoppage after talks for a new contract with major game studios broke down over artificial intelligence protections. 

The strike — the second for video game voice actors and motion capture performers under the Screen Actors Guild-American Federation of Television and Radio Artists — will begin at 12:01 a.m. Friday. The move comes after nearly two years of negotiations with gaming giants, including divisions of Activision, Warner Bros. and Walt Disney Co., over a new interactive media agreement. 

SAG-AFTRA negotiators say gains have been made over wages and job safety in the video game contract, but that the studios will not make a deal over the regulation of generative AI. Without guardrails, game companies could train AI to replicate an actor’s voice, or create a digital replica of their likeness without consent or fair compensation, the union said. 

Fran Drescher, the union’s president, said in a prepared statement that members would not approve a contract that would allow companies to “abuse AI.” 

“Enough is enough. When these companies get serious about offering an agreement our members can live — and work — with, we will be here, ready to negotiate,” Drescher said. 

A representative for the studios did not immediately respond to an email seeking comment. 

The global video game industry generates well over $100 billion in profit annually, according to game market forecaster Newzoo. The people who design and bring those games to life are the driving force behind that success, SAG-AFTRA said. 

“Eighteen months of negotiations have shown us that our employers are not interested in fair, reasonable AI protections, but rather flagrant exploitation,” said Interactive Media Agreement Negotiating Committee Chair Sarah Elmaleh. 

Last month, union negotiators told The Associated Press that the game studios refused to “provide an equal level of protection from the dangers of AI for all our members” — specifically, movement performers. 

Members voted overwhelmingly last year to give leadership the authority to strike. Concerns about how movie studios will use AI helped fuel last year’s film and television strikes by the union, which lasted four months. 

The last interactive contract, which expired November 2022, did not provide protections around AI but secured a bonus compensation structure for voice actors and performance capture artists after an 11-month strike that began October 2016. That work stoppage marked the first major labor action from SAG-AFTRA following the merger of Hollywood’s two largest actors unions in 2012. 

The video game agreement covers more than 2,500 “off-camera (voiceover) performers, on-camera (motion capture, stunt) performers, stunt coordinators, singers, dancers, puppeteers, and background performers,” according to the union. 

Amid the tense interactive negotiations, SAG-AFTRA created a separate contract in February that covered indie and lower-budget video game projects. The tiered-budget independent interactive media agreement contains some of the protections on AI that video game industry titans have rejected.
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