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Forbes Talks

Why TikTok Won’t Say If It’s Giving ICE Your Data

Forbes Talks

Forbes Media LLC

Business News, Forbes, Business, News, Economics, Entrepreneurship, Politics, Policy, Breaking News

54 Ratings

🗓️ 23 October 2025

⏱️ 16 minutes

🧾️ Download transcript

Summary

A set of changes to TikTok’s law enforcement policy make it easier for the company to share users’ personal information with government and “regulatory authorities.” TikTok did not respond to repeated questions about the changes.

See Privacy Policy at https://art19.com/privacy and California Privacy Notice at https://art19.com/privacy#do-not-sell-my-info.

Transcript

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0:00.0

Hi, everybody. I'm Brittany Lewis, a reporter here at Forbes.

0:07.1

Joining me now is one of my colleagues, Emily Baker-White. She is an investigative reporter

0:12.0

who covers TikTok. Emily, thanks so much for joining me.

0:15.8

Happy to be here as always. I want to read the headline from your most recent report. It says this. TikTok won't say if it's

0:23.8

giving ICE your data. And that's alarming for some people to hear because, I mean, I read that

0:29.4

and I didn't even know that that was an option that social media companies were just willy-nilly

0:33.9

handing over your data. I mean, A, is that true? What are other social media companies doing?

0:39.3

And B, does this mean that they are just handing over everyone's data to ICE?

0:43.3

So social media companies can't hand over data willy-nilly in the United States because of something called the Stored Communications Act, which is a federal law that sort of lays out how companies that hold our communications.

0:58.0

And this law dates back to 1986. It was probably more intended for phone providers than it was even for internet platforms.

1:06.0

But here we are. The Stored Communications Act sort of lays out the types of data sharing that are allowed

1:13.6

between platforms and the government. And there are sort of two main types of ways that the government

1:21.6

can try to get your information. They can do that in the sort of traditional manner. They go to a judge.

1:26.6

They say, judge, we want a warrant for this thing. It's the same way they would get a warrant to, you know, come into your house and search your house. And the judge will either say, yes, they've met the requirements to get that warrant. Or the judge will say, no, actually, you need to do more investigation before you can sort of invade someone's privacy this way. The second way that the government can try to get your information is there's something

1:47.7

called an administrative warrant, which is a warrant that hasn't gone before a judge,

1:53.4

but that is signed by a law enforcement officer or in this case, a DHS or ICE official.

1:59.0

And those warrants are more limited, right? Because they haven't gone before a judge.

2:02.6

But they do still exist.

2:04.6

And we know now that DHS and ICE have served administrative warrants to at least some tech companies.

2:11.6

This has happened to META a couple times recently.

2:14.6

And the way that played out was that I got these warrants for people who were posting

2:20.3

about ICE sort of tracking ICE agents movements and things like that. And Meta told the people

...

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