Fernando Del Valle, Valley Morning Star, Harlingen, Texas
4 min read
Feb. 14—HARLINGEN — City employees might be counting the days to view TikTok popular videos on their city-issued cell phones.
On Wednesday, city commissioners are set to consider the proposed ban, citing cybersecurity concerns stemming from the Chinese government's control over TikTok's parent company.
Earlier this month, Gov. Greg Abbott banned TikTok from state-issued electrical devices, citing cybersecurity concerns, joining a growing number of states banning the popular video-sharing app boasting 85 million users in the United States.
During a meeting, Commissioners Michael Mezmar and Ford Kinsley are proposing commissioners ban TikTok on city-owned electrical devises including cell phones, desktop computers, laptops and tablets.
Cybersecurity concerns
On Tuesday, Mezmar said more states and universities are banning TikTok based on cybersecurity concerns.
"You cannot be paranoid enough concerning internet safety," he said. "Our (technology) department has all sorts of different measures to block viruses, dangerous materials and phishing and scams."
The proposed TikTok ban would limit the city's exposure to cyberattacks, Kinsley stated.
"It minimizes the device's attack surface — the more apps you have on a device, the more likely a hacker will find a flaw in one and compromise the device," he stated. "It prevents the collection of individual and organizational information which, by terms of service, could extend beyond the device on which TikTok is installed. Information collected can include filenames and types, keystroke patterns, device details, etc."
On Feb. 6, Abbott banned TikTok "and other web-based applications from being downloaded on state-issued devices due to cybersecurity concerns," Commissioner Daniel Lopez stated.
"Abbott cited the gathering of users' personal data and additional risks as the underlying reason for this action," he stated, noting the governor was aiming to 'safeguard the state's sensitive information and critical infrastructure from potential threats posed by hostile foreign actors.'"
"I look forward to learning more on the topic and hearing from our staff on how we should proceed forward," Lopez stated. "At the city, we take cybersecurity seriously as a breach can have negative consequences ranging from ransomware to losing confidential and private information. Hence, we are always looking at ways to secure our systems before a problem arises. Banning TikTok and other potentially dangerous software may be another way to do that."
Questioning proposal
Meanwhile, Commissioner Rene Perez said he was considering the proposal.
"I'm conflicted on it," he said. "I understand some of the security concerns behind it. At the same time, by eliminating TikTok, I think there's a possibility of distancing ourselves from the younger generation, because that's what they use."
Perez, who said he was not aware of other Rio Grande Valley cities banning TikTok, also said its ban could open the door to internet censorship.
"I see censorship issues," he said. "It's not black and white. I need more information. I want to hear what other commissioners have to say so we could come up with a collective agreement."
Free speech 'dilemma'
Bill Aleshire, an Austin attorney specializing in government transparency, said Abbott's ban sets a state precedent.
The city's proposed ban, he said, does not appear to infringe on the constitutional right to freedom of speech.
"Free speech is an interesting area of law," Aleshire said. "Our ideal is not to have restrictions."
However, the Sept. 11, 2001, terrorist attacks led Americans to consider free speech while protecting national security, he said.
"Since 9-11, America, when it comes to free speech, has faced a dilemma," he said. "There are limits to what will be protected speech. How much liberty can we afford? If it's a free speech matter, is it based on the content of speech? That's subject to a much higher test. It would not appear to me to be based on the content — the words used (because) it's an out-right ban on TikTok. That would probably keep (a city ban) from being subject to strict scrutiny by the courts."
Proposed ban
At City Hall, a proposed resolution states TikTok's parent company informed Congress its employees had access to U.S. data.
"TikTok harvests vast amounts of data from its users' devices, including when, where and how they conduct internet activity and offers this trove of potentially sensitive information to the Chinese government," the proposed resolution states.
"Although TikTok has claimed that it stores U.S. data within the U.S., the company admitted in a letter to Congress that China-based employees can have access to that U.S. data," it states.
Under China's 2017 National Intelligence Law, "all businesses are required to assist China in intelligence work, including data sharing and TikTok's algorithm has already censored topics politically sensitive to the Chinese Communist Party, including the Tiananmen Square protests."
Meanwhile, FBI Director Christopher Wray has warned "the Chinese government can control TikTok's content algorithm, allowing it to perpetrate (and) influence operations within the United States."
Like the growing number of states joining the ban, the U.S. Department of State, the Department of Defense and the Department of Homeland Security have also prohibited TikTok's use on the federal government's electronic devices, the resolution states.
