The TikTok CEO Testimony: 'Have You Ever Shared Data with the Chinese Communist Party?'

Shou Zi Chew, House Energy and Commerce Committee, Cathy McMorris Rodgers, Frank PalloneHouse Energy and Commerce Committee hearing, March 23, 2023 ↗
"Have you ever shared data with the Chinese Communist Party? Yes or no?" "No, we have not." "So you're saying you've never shared data with the CCP?" "No, we have not. And we would not if asked."

On March 23, 2023, TikTok CEO Shou Zi Chew appeared before the House Energy and Commerce Committee for a five-hour hearing. Lawmakers from both parties expressed skepticism about TikTok’s connections to the Chinese government. The hearing produced several memorable exchanges, including Chew’s repeated denials that TikTok had ever shared user data with the Chinese Communist Party.

Chair Rodgers opens the hearing

March 23, 2023, Rayburn House Office Building

Rep. Cathy McMorris Rodgers, ChairMr. Chew, your company has been described as a weapon of the Chinese Communist Party, designed to spy on Americans and manipulate what they see. TikTok is owned by ByteDance, which is based in Beijing and subject to China's 2017 National Intelligence Law, which requires Chinese companies to cooperate with intelligence agencies. Can you tell this committee that TikTok has never shared American user data with the Chinese government?

Shou Zi ChewChairwoman, TikTok has never shared U.S. user data with the Chinese government. We would not do so if asked. We are in the process of building what we call Project Texas, which will store all U.S. user data on servers in the United States, managed by Oracle, with oversight by American employees. This is a $1.5 billion investment in data security.

RodgersBut ByteDance is still the parent company. The Chinese government still has leverage over ByteDance. And ByteDance still owns the algorithm that determines what 150 million Americans see on their screens. Isn't that the real issue here?

ChewI understand the concern. But ByteDance is not owned or controlled by the Chinese government. It is a private company. I am a Singaporean citizen. The board is international. The algorithm is stored on U.S. servers. We are doing everything we can to address the legitimate concerns that have been raised.

[From the House Energy and Commerce Committee hearing, March 23, 2023, transcript.]

Rep. Latta: The yes-or-no question

March 23, 2023, hearing

Rep. Bob LattaMr. Chew, I'm going to make this very simple. Have you ever shared data with the Chinese Communist Party? Yes or no?

ChewNo, we have not.

LattaSo you're saying you've never shared data with the CCP?

ChewNo, we have not. And we would not if asked.

LattaBut you're a Singaporean citizen. You're not an American. Why should Americans trust you?

ChewCongressman, I am a Singaporean citizen. I went to business school in the United States. I lived in the United States for years. I am not a member of the Chinese Communist Party. I am not a Chinese citizen. My loyalty is to the company and to the users we serve. I believe that my background and my track record demonstrate that I am committed to doing the right thing for TikTok's users.

[From the House Energy and Commerce Committee hearing, March 23, 2023, transcript.]

Rep. Pallone: The algorithm question

March 23, 2023, hearing

Rep. Frank PalloneMr. Chew, let's talk about the algorithm. The TikTok algorithm is the core of your business. It determines what content each user sees. It is what makes TikTok addictive. It is also what makes TikTok a potential vector for propaganda. Who controls the algorithm?

ChewThe algorithm is developed by a global team of engineers. It is overseen by a trust and safety team based in the United States. The algorithm is designed to surface content that users find engaging. It is not designed to promote any political viewpoint or agenda.

PalloneBut ByteDance engineers in China have access to the algorithm, don't they?

ChewSome ByteDance engineers in China work on the algorithm. But they do not have access to U.S. user data. The algorithm's training data is stored on U.S. servers. The Chinese engineers work on the code, not on the data. That is an important distinction.

PalloneIt's not much of a distinction if the code itself can be used to manipulate what Americans see. The Chinese government could direct ByteDance to modify the algorithm to suppress certain content or promote certain content. Couldn't they?

ChewWe have not been directed to do that. We would not comply with such a directive. Our content moderation policies are public. They are applied consistently. We do not moderate content based on the demands of any government, including the Chinese government.

[From the House Energy and Commerce Committee hearing, March 23, 2023, transcript.]

Rep. Bilirakis: Children and mental health

March 23, 2023, hearing

Rep. Gus BilirakisMr. Chew, I have a 13-year-old daughter. She uses TikTok. Every parent in this room is concerned about what this app is doing to our children's mental health. The endless scroll. The algorithm that feeds them increasingly extreme content. The body image issues. The sleep deprivation. What do you say to parents who are worried that TikTok is harming their children?

ChewCongressman, I am a parent too. I have two young children. I understand the concern. We have implemented a number of features to protect younger users. Users under 13 are directed to a limited experience with no direct messaging. Users 13 to 15 have private accounts by default. We have screen time limits. We have content filters. We are investing heavily in youth safety.

BilirakisBut those features are easily bypassed. A 12-year-old can just lie about their age. A 15-year-old can switch to a public account. The screen time limit can be ignored. You're not really protecting anyone. You're just creating the appearance of protection while the algorithm continues to do what it's designed to do: keep kids hooked for as long as possible.

ChewI respectfully disagree. We have made significant improvements. We are using AI to detect and remove underage accounts. We are working with third-party organizations to improve our age verification. We are not perfect, but we are committed to getting better. We want to be a platform that parents can trust.

[From the House Energy and Commerce Committee hearing, March 23, 2023, transcript.]

Rep. Guthrie: The Chinese government’s access

March 23, 2023, hearing

Rep. Brett GuthrieMr. Chew, you keep saying that TikTok has never shared U.S. user data with the Chinese government. But you're not saying that the Chinese government has never accessed TikTok data. What if the Chinese government accessed the data without your knowledge? What if they compelled a ByteDance employee to cooperate? Would you even know?

ChewCongressman, we have no evidence that the Chinese government has accessed U.S. user data. We have security measures in place to prevent unauthorized access. We audit our systems. We work with third-party security firms. We are not aware of any breach.

GuthrieThat's not the same as saying it's impossible. The Chinese government has a track record of compelling companies to cooperate with intelligence operations. The National Intelligence Law requires it. The 2017 Cybersecurity Law requires it. You can't just say "we have no evidence" when the legal framework in China is designed to make sure you never have evidence.

ChewI understand the skepticism. But I want to be clear: TikTok is not the same as other Chinese tech companies. We are building a separate, U.S.-based infrastructure specifically to address these concerns. Project Texas is not a PR exercise. It is a real, $1.5 billion commitment to data security. We have offered to give the U.S. government the ability to audit our systems. We are being more transparent than any other tech company has ever been.

GuthrieBut you can't guarantee that the Chinese government will never access U.S. data, can you?

ChewI can guarantee that we have not shared data with the Chinese government. I can guarantee that we are taking every reasonable step to prevent it. I cannot guarantee a hypothetical future that I cannot control. No CEO can make that guarantee. But I can tell you that we are doing more than any other company to address this concern.

[From the House Energy and Commerce Committee hearing, March 23, 2023, transcript.]