The United States Department of Justice (DOJ) has filed a lawsuit against popular video app TikTok and its China-based owner ByteDance, accusing them of violating the Children's Online Privacy Protection Act (COPPA) by collecting data on millions of American users under the age of 13. This legal action comes five years after TikTok's predecessor, Musical.ly, was fined for similar charges.

The DOJ claims that TikTok made it too easy for children to create accounts and subsequently collected data without appropriate consent, leading to a "massive-scale" violation of COPPA. By allowing children to bypass age verification gates through popular platforms like Google and Instagram, TikTok allegedly failed to comply with parents' requests to delete their children's accounts. The app's "Kids Mode," which is intended for underage users, also reportedly stored email addresses and other personal information.

In response to the lawsuit, TikTok spokesman Alex Haurek has expressed disagreement with the allegations, stating that many of the claims are outdated or factually inaccurate. Haurek emphasized that TikTok actively removes underage users and has implemented various measures such as screen-time limits, parental controls, and enhanced privacy protections for young users.

This legal dispute comes after a court order was issued to TikTok's predecessor, Musical.ly, resulting in a $5.7 million fine and data deletion for children. The DOJ asserts that TikTok violated the court order shortly after taking effect. Acting Associate Attorney General, Benjamin C. Mizer, expressed deep concern over TikTok's continued collection and retention of children's personal information despite the court's previous ruling. Mizer stated that the DOJ aims to hold TikTok accountable for safeguarding children's privacy rights and respecting parents' efforts to protect their children.

This case, which has been referred to the DOJ by the Federal Trade Commission (FTC), was filed in a California federal court. According to FTC rules, if found guilty, TikTok could face civil penalties of up to $51,000 per violation per day.

It is worth noting that this lawsuit is separate from the ongoing legal battle taking place in a D.C. appeals court regarding a law signed by President Biden in April. The law would mandate ByteDance to sell TikTok to a non-Chinese buyer by next year or face a nationwide ban. TikTok argues that this law infringes upon constitutional free-speech rights, while the DOJ maintains that Americans do not have a First Amendment right to TikTok.

As the legal process unfolds, the outcome of the lawsuit will significantly impact not only TikTok's operations but also the broader landscape of children's online privacy protection in the United States.