There's no evidence one way or another. TikTok's servers are in the US, but, even if we audit their entire outbound connections, or get a warrant from their ISP

There's no evidence one way or another. TikTok's servers are in the US, but, even if we audit their entire outbound connections, or get a warrant from their ISP to confirm no traffic has ever gone out to China... There's no surefire way of saying that an employee didn't just plug their laptop into the server, download data, and then ship it off to China later on. Both the US government and TikTok/ByteDance are unable to prove their claims, and likely, neither one ever could. Even if TikTok showed 100% evidence that they've never done that, the US government would know that there's nothing stopping TikTok from doing it at a later date. This legislation is the US government deciding that the risks are too great, and so they're willing to take the gamble and shut down a company that's potentially done nothing wrong. "Innocent until proven guilty" is typically reserved for the judicial system, but this is a legislative decision; it'll be an interesting court case to determine if the US legislators are able to make these sorts of decisions outside of the judiciary.