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据NPR报道,多名美国青少年通过其父母发起了对TikTok的集体诉讼。他们声称TikTok未经同意窃取他们的面部特征、地点和紧密联系人信息,并将这些数据“偷偷地"传送给位于中国的服务器上。
原告团队律师表示,他们聘请的技术专家通过研究TikTok数据传输路径,称TikTok将美国用户信息通过与中国政府合作的第三方传输到中国的服务器。该律师团队甚至称一旦用户下载了TikTok,TikTok就开始收集个人信息,即使没有注册账号也是如此。用户拍摄了视频未选择上传,TikTok也会获取视频信息。
TikTok的法律团队表示,该应用程序既不会捕获用户的生物特征信息,也不会向中国发送任何数据。但是,TikTok的法律团队还认为,如果公司愿意的话,该公司可以将数据传输到北京,并且不会违反任何法律。
TikTok方面还表示,该诉讼是基于对应用程序如何收集、处理数据的有事实谬误的分析。TikTok团队的一名律师说,更糟糕的是,该诉讼和许多美国政客、硅谷科技巨头一样,是带着中国恐惧症的(China-phobic)。该律师在一份文件中说:“跟政治性攻击的性质一样,此诉讼基于相同的的反华言论、猜想和影射。”
Families are suing TikTok in what has turned into a major legal action in federal court.
Dozens of minors, through their parents, are alleging that the video-sharing app collects information about their facial characteristics, locations and close contacts, and quietly sends that data to servers in China.
TikTok said its primary servers for its U.S. users are in Virginia and its backup servers are in Singapore. The company said no data collected on Americans ever goes to servers or authorities in China.
But that contradicts the findings of technology experts hired by the plaintiffs' attorneys. Those experts, who studied the collection and journey of TikTok data, claim troves of information are being sent to servers in China "under the control of third-parties who cooperate with the Chinese government," according to the lawsuit.
In the lawsuit, they contend that as soon as TikTok is downloaded, it starts collecting data, even before a user opens an account. If a user begins making a video but then does not save it, data in the video is still mined by TikTok, according to the suit.
Attorneys for TikTok said the app is neither capturing users' biometric information nor sending any data to China. But TikTok's legal team also argues that the company can transfer data to Beijing, if it so chooses, without breaking any laws.
TikTok's legal team said the lawsuit is based on a "factually mistaken" analysis of how the app collects data and what it is doing with that data. But worse than that, according to TikTok lawyer Weibell, is that the suit is China-phobic in the same way many U.S. politicians and Silicon Valley tech giants are, he argues.
"The present lawsuit is based on (and quotes) the same anti-Chinese rhetoric, conjecture, supposition, and innuendo that originated with these political and competitive attacks," Weibell said in a filing.
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