Border Patrol agents have been questioning TikTok employees entering the U.S., focusing on their access to sensitive American data and their affiliations with the Chinese Communist Party. Many of the employees facing interrogation are Chinese and work in various capacities at ByteDance and TikTok, including data engineering and machine learning. These employees have been asked about their involvement in Project Texas, an effort to keep American user data private from Chinese employees. Questions have also been raised about their ties to the CCP and their schooling and political connections in China.

CBP’s increased scrutiny of Chinese students and academics at U.S. borders, particularly those working in the sciences, signals growing concerns about technological espionage from China. In addition to their academic work, these individuals have been questioned about their connections to the Chinese Communist Party. The interrogations of TikTok employees and other Chinese individuals come amidst ongoing efforts by TikTok to prevent China-based employees from accessing American user data, though the company has faced criticism for failing to secure this data adequately.

Despite continuing assurances from TikTok and ByteDance that U.S. user data is safe, investigations have revealed that sensitive information, including bank details and social security numbers, was stored in China. This breach of user data led to congressional questioning of TikTok’s CEO and ultimately prompted President Biden to sign a law that could potentially lead to a ban on the app. The legislation requires Apple and Google to remove TikTok from their app stores within 270 days unless ByteDance sells its interest in the app’s U.S. operations.

In response to the divestment bill, TikTok and ByteDance have vowed to challenge it in court, while also facing criminal probes and investigations from the Department of Justice and the Committee on Foreign Investment in the United States. These legal challenges may shed light on why Customs and Border Protection agents have been questioning TikTok employees, as CBP interviews are often used to gather information for government investigations. The ongoing cases against ByteDance suggest that the pressure on TikTok and its employees is likely to continue.

As a result of the heightened scrutiny, foreign TikTok and ByteDance employees are encountering difficulties in traveling to the U.S. for work. The companies have imposed limits on work trips to the U.S., restricting them to a maximum of 30 days. Despite the challenges facing the company and its employees, TikTok did not respond to a request for comment on the situation. With the future of the app hanging in the balance, it remains to be seen how TikTok and ByteDance will navigate the legal challenges and regulatory hurdles they face in the U.S.

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