TikTok asked American executives to sign an oath supporting China’s “socialist system” and “national interests,” according to employment discrimination lawsuit documents obtained by the Daily Caller News Foundation.

According to the documents, former TikTok marketing executive Katie Pulis was accused of leaking “national secrets”, disturbing “national honor” and “suppressing national unity” with the tech giant’s China-based sister company Douyin. was obtained by the DCNF, which claimed that it was forced to sign a contract pledging not to harm the In spring 2024, Ms. Pulis accused her employer, its Chinese parent company ByteDance, and ByteDance subsidiary Douyin of discrimination based on gender and age in a lawsuit alleging that TikTok’s day-to-day operations were controlled by ByteDance. .

The Supreme Court could rule this week on a lawsuit filed by TikTok challenging the constitutionality of a law signed by President Joe Biden that forces ByteDance to do so. sell If TikTok is not available on January 19, 2025, it will face a complete ban in the US At the same time, President-elect Donald Trump submitted A brief filed with the Supreme Court in December 2024 asked the justices to halt the impending ban so that the administration could resolve the dispute through “political means.”

“If proven, these allegations would confirm that TikTok’s supposed independence is fraudulent. [Chinese Communist Party (CCP)]“Managed ByteDance directly controls the internal functions of TikTok from China,” Michigan Republican Rep. John Moolener, chairman of the House Select Committee on China, told DCNF. “Eliminating the Chinese Communist Party’s control over TikTok is critical to national security, and President Trump is the perfect leader to make that happen by forcing a divestment and delivering the deal of the century. ” (Related: Exclusive: U.S. government awards secret research grants to scientists in Chinese Communist Party’s talent training program)

TikTok declined to comment on Pulis’ lawsuit.

A TikTok spokesperson told DCNF: “We cannot comment on falsehoods presented to advance a political agenda.”

Comply with the “socialist system”

Pulis, TikTok’s former global brand and creative chief, argued in the lawsuit that TikTok executives must sign an agreement with ByteDance subsidiary Douyin to police speech and require compliance with China’s socialist system. .

After Pulis joined TikTok in December 2019, she was required to sign a user agreement for Douyin’s Feishu Employee Stock Ownership Plan in order to access “stock grant information,” according to the complaint. .

The Douyin agreement, which the DCNF is said to have considered, states: “Applicable laws and guidelines must be observed and public order, socialist institutions, national interests, legal rights of other citizens, and information reliability requirements must be complied with. ” is stated.

The document also lists a number of prohibited activities for employees, including “overthrowing the socialist system,” “inciting secession,” “violating state religious policy, and promoting cults and superstitions.” , it also lists injunctions against “irrelevant information or intentional use.” A combination of letters to avoid technical censorship. ”

“Dual reporting structure”

TikTok executives also signed agreements with ByteDance agreeing to digital surveillance and reporting to China-based leadership, according to other documents and audio recordings supporting Pulis’ lawsuit.

A non-disclosure agreement “for New York employees” that ByteDance allegedly asked Pulis to sign appears to have allowed the company to inspect TikTok executives’ personal electronic devices.

“Employees agree [to] In order for an Employer to verify that an Employee is in compliance with these Terms, an Employer may use any information that is owned or controlled by the Employee, used by the Employee during the employee’s employment, or that is being used by the Employee. to enable inspection of electronic equipment. [non-disclosure obligations]” the alleged ByteDance contract states.

Other documents appear to show that TikTok ultimately considered Mr. Pulis a ByteDance employee.

During onboarding in 2019, Pulis was allegedly asked to sign a form, reviewed by DCNF, affirming that he was a director, executive officer, and general partner of ByteDance.

Pulis’ complaint also details how she and other TikTok executives reported to the Chinese parent company.

According to the newspaper, Pulis was allegedly told about TikTok’s “dual reporting system” after he was hired, with one executive working for Beijing-based ByteDance and Douyin, and one executive working for TikTok’s global team based in the United States. He said he needed to report to one of the presidents of business solutions. Complaints.

However, Pulis’ “performance evaluation and compensation” was controlled by ByteDance’s China regional chairman, her complaint states.

TikTok’s president of global business solutions appeared to acknowledge the company’s unconventional corporate structure during a 2021 call with Pulis, according to a recording reviewed by DCNF.

“We still report to Beijing,” the president said at one point in the call, after Pulis asked about the future of TikTok’s global brand.

“From my perspective, the important issue is not where TikTok user data is stored,” Pulis told DCNF through her attorney. “Rather, the question is whether ByteDance retains ultimate control over TikTok’s employees and executives, and based on my experience with TikTok, that is the case.”

Primavera Capital CEO Fred Hu is a member of the Chinese People’s Political Consultative Conference in Hunan Province. [Image created by DCNF with picture from Hunan CPPCC website]

Communist Party control

“These new materials recently provided to the task force by a whistleblower should be shared with the public and appear to reinforce what we already know,” said Illinois Democratic Rep. Raja Krishnamoorthi told DCNF. “The Chinese Communist Party controls ByteDance, and ByteDance and TikTok are one and the same. Full stop.”

First proposed in March 2024, Biden’s bill is currently being considered by the Supreme Court identify ByteDance, its subsidiaries and affiliates are treated as “foreign adversary controlled applications” that pose a threat to the national security of the United States. TikTok denies allegations and lawsuit claim This law is inconsistent with the “First Amendment’s guarantee of free expression.”

TikTok’s relationship with ByteDance first came under scrutiny in October 2019 by Florida Republican Sen. Marco Rubio. Sent Letter to the Treasury asking the Committee on Foreign Investment in the United States (CFIUS) to reconsider the national security implications of TikTok’s acquisition of video-sharing platform Musical.ly says Chinese companies censor content The Chinese government and Communist Party, which are “regarded as such,” are reacting sensitively. ”

In March 2023, TikTok CEO Shou Zi Chew testified at a hearing convened by the House Energy and Commerce Committee regarding the company’s alleged surveillance of US users. rejected TikTok shares U.S. user information with the Chinese government and censors content on behalf of the Chinese government, including posts related to China’s ongoing genocide against Uyghurs and other ethnic minorities.

But then, when TikTok started, answered In response to the commission’s follow-up questions in May 2023, the commission said it had accessed or attempted to access user data of Emily Baker White, a Forbes journalist who covers TikTok for the magazine. admitted that. Similarly, TikTok has sought to allay national security concerns; claim Although it moved all American user data to servers hosted by Texas-based technology company Oracle, TikTok was later forced to admit that it still stored some American user data in China. .

Multiple current and former ByteDance and TikTok employee executives have also accused TikTok of tracking users’ private connections and exploiting backdoor tools to help the Chinese government target civil rights activists, according to a series of media reports. He came forward claiming that he was assisting in the

DCNF also discovered that at least one ByteDance board member, Fred Hu, has extensive ties to the Chinese government, including membership in organizations that serve the Chinese Communist Party. intelligence agency It is called the United Front Work Department.

“TikTok and its most vocal defenders claim that the Supreme Court case is about free speech. That’s not the case,” Hudson Institute senior fellow Michael Sobolik told DCNF. . “This is about the national security threat arising from ByteDance’s control of TikTok. These revelations are the latest evidence that TikTok is a vessel for the Chinese Communist Party-controlled parent company.”

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