Solicitor General Elizabeth Prelogar
Appearances
The Journal.
The TikTok Ban Goes to the Supreme Court
Solicitor General, Elizabeth Prelogger. The Chinese government could weaponize TikTok at any time to harm the United States. TikTok collects unprecedented amounts of personal data. And as Justice Sotomayor noted, it's not just about the 170 million American users, but also about their non-user contacts who might not even be engaging with the platform.
The Journal.
The TikTok Ban Goes to the Supreme Court
That data would be incredibly valuable to the PRC.
The Journal.
The TikTok Ban Goes to the Supreme Court
That won't work because it is such a generic, generalized disclosure that it wouldn't put anyone reasonably on notice about when it's actually happening.
The Journal.
The TikTok Ban Goes to the Supreme Court
But imagine if you walked into a store and it had a sign that said one of one million products in this store causes cancer. That is not going to put you on notice about what product is actually jeopardizing your health.
The Journal.
The TikTok Ban Goes to the Supreme Court
Finally, with respect to the question of whether ByteDance has taken action on the PRC's demands, there is evidence in the record that Congress consulted to demonstrate that outside of China, ByteDance has taken action to misappropriate data at the PRC's request. That included efforts to track dissidents in Hong Kong, protesters there, to track Uyghurs in China itself.
The Journal.
The TikTok Ban Goes to the Supreme Court
We know that ByteDance has misappropriated U.S. data with respect to surveilling of U.S. journalists, and there was evidence in the record reinforcing the conclusion that ByteDance has been asked by the PRC to undertake efforts to censor content and manipulate the platform at the behest of the Chinese government.