Updated on May 23, 2023
- In a move predicted by experts, TikTok has filed a federal lawsuit against Montana after the state passed a law to ban the app last week.
- TikTok is arguing that banning the app amounts to censorship and the suppression of free speech. The lawsuit aims to overturn Senate Bill 419, which Gov. Greg Gianforte signed earlier this month and has yet to go into effect.
- TikTok's lawsuit states that Montana's decision "unlawfully abridges one of the core freedoms guaranteed by the First Amendment."
- In a public statement, TikTok defended its lawsuit:
"We are challenging Montana's unconstitutional TikTok ban to protect our business and the hundreds of thousands of TikTok users in Montana. We believe our legal challenge will prevail based on an exceedingly strong set of precedents and facts."
What's the story?
- Montana has become the first U.S. state to ban TikTok.
- Gov. Greg Gianforte signed Senate Bill 419, imposing fines of up to $10,000 per day for marketplaces such as Google Play Store or Apple App that offer the app. The ban will take effect on Jan. 1, 2024. TikTok is expected to contest the bill in federal court.
Rationale behind TikTok ban
- Gov. Gianforte has cited the need to protect residents' personal data, specifically highlighting concerns regarding the Chinese government. In a statement, he said:
"The Chinese Communist Party using TikTok to spy on Americans, violate their privacy, and collect their personal, private, and sensitive information is well-documented."
- Last Dec., President Joe Biden signed legislation banning TikTok on government devices.
- Republican lawmakers are also pushing to ban TikTok, citing worries over Chinese ownership and the potential misuse of user data for tracking and misinformation.
- The RESTRICT Act (S. 686), introduced on March 7, aims to grant the administration powers to ban foreign technologies or digital products from countries considered foreign adversaries: China, Cuba, Iran, North Korea, Russia, and Venezuela.
Arguments against TikTok ban
- In a letter to the Montana House of Representatives, free speech and civil liberties organizations argued a TikTok ban flouts the First Amendment.
- Keegan Medrano, policy director at the ACLU of Montana, said in a statement:
"With this ban, Governor Gianforte and the Montana legislature have trampled on the free speech of hundreds of thousands of Montanans who use the app to express themselves, gather information, and run their small business in the name of anti-Chinese sentiment."
Do you support a TikTok ban?
-Laura Woods & Emma Kansiz
(Photo Credit: Unsplash)
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I'm just curious how this is supposed to work. Who is enforcing it and how? Does it disappear off your phone as soon as you cross the border? Who is coding it? Who is paying for it? 🧐
This seems destined for legal opposition, so we'll see what happens.
I think it's fine for parents to ban their children from using an app, and it's appropriate for government workers to face a ban for security concerns.
But to ban it statewide for everybody doesn't seem like "freedom" to me...
Too many mindless, personality free people overly influenced by it. Including kids. Let's use some common sense.
The only reason Tik Tok should be banned is for National Security reasons, and it needs to be by the Federal Governmet.
The reason Montana is banning it is censorship, and it's not well thought out. Just imposing fines and leaving it to App stores and Tik Tok to figure it out.
Wonder how they plan to monitor usage to detect violations or how they will collect fines from China?
https://www.causes.com/comments/70058
https://www.causes.com/comments/69744
https://www.techtarget.com/whatis/feature/TikTok-bans-explained-Everything-you-need-to-know
https://www.theverge.com/2023/5/17/23686294/montana-tiktok-ban-signed-governor-gianforte-court
If Montana's new law isn't an example of government overreach, I don't know what is.
Unlike the federal ban, which bans the installation and use of TikTok on federal devices, this simply bans the app and fines mobile stores for selling it. The federal ban is reasonable because it's supplying the devices and can restrict what those devices are used for. It is in line with current restriction policies to protect sensitive government data.
Montana's ban is not reasonable.
"(1) Tiktok may not operate within the territorial jurisdiction of Montana. An entity violates this prohibition when any of the following occurs within the territorial jurisdiction of Montana:
(a) the operation of tiktok by the company or users; or
(b) the option to download the tiktok mobile application by a mobile application store.
(2) An entity that violates a provision of this section is liable in the amount of $10,000 for each discrete violation and is liable for an additional $10,000 each day thereafter that the violation continues.
(3) It is an affirmative defense to this section if the violating entity could not have reasonably known that the violation occurred within the territorial jurisdiction of Montana.
(4) Penalties under this section do not apply to law enforcement activities, national security interests and activities, security research activities, or essential government uses permitted by the governor on the information technology system of the state.
(5) Penalties in this section do not apply to users of tiktok.
(6) The department of justice shall enforce the provisions of this section.
(7) As used in this section, the following definitions apply:
(a) "Discrete violation" means each time that a user accesses tiktok, is offered the ability to access tiktok, or is offered the ability to download tiktok.
(b) "Entity" means a mobile application store or tiktok."
How are they going to enforce it? How are they going to prove use? Even if it was reasonable to expect mobile stores and mobile providers to provide this information, which it isn't, the cost of enforcement is so exorbitant that this law is ridiculous. What do I mean? Well, this expects the mobile stores to: (1) track where people are when they make purchases, (2) track where people are when they use an app, and (3) turn around and send that info to the State of Montana. On top of that, it require state employees to (1) process this information, (2) impose those fines, (3) enforce payment of those fines, and (4) prosecute entities that refuse to pay those fines. And how often are those state employees going to review that data? Daily? Monthly? The State of Montana wants to hire additional employees to do/oversee this? How is the State of Montana going to force an entity outside the State of Montana to provide this information? And that's just for starters.
This is such a large overstep of state government oversight/regulation that it's mindboggling. Even if the law had legs to stand on, TikTok is not based in Montana nor are the app stores or mobile providers based in Montana. The State of Montana does not have the authority to do this, as it would fall in the federal arena (across state lines). Additionally, the only things based in Montana are stores selling mobile services and antennae for providing service. The mobile entities could easily shudder these, which would mean no mobile service for Montana citizens unless the State of Montana plans on providing them a mobile network.
I'm all for taking measures to protect us from any foreign government trying to spy on and collect private, sensitive information. But this is not the way to do it.
I don't use it but I still worry about China
The end of Republican Facism must be addressed!
Ban everything China
I don't think TIKTOK is going to be banned in the USA because if it does then it's going to be the American Government's fault not China.
Nationwide ban!
Instead of banding, how about calling it out for what it is on all social media as fake, lies, conspiracy, propaganda, non-factual, bullying and more. Country with school child are starting to teach that in schools!
NO to tik tok!!!
I'm all for free speech, I am also for keeping personal information private and confidential. If apps don't meet security requirements, ban them.
If you support a TikTok ban, you can't complain about the EU fining and punishing American internet companies like Meta, Twitter, Google and Amazon. TikTok has set up servers in the US to handle American data.
I wish our government would protect our privacy to the same extent that the EU does
Tik tok is more popular than Twitter and Facebook and they have freedom of speech like everybody else
Stop imposing on people's rights
If you ban tiktok you should ban Google and Facebook as well. They all get our data equally. Personally I feel ai is like trying to get to another earth planet. It's a waste of time. We need all oil consuming to be obliterated and until then we need to cut pleasure idolatry items in production to a halt. Allot more time playing at home and with the neighbors. Fun card games, community softball, volleyball and so on. Intelligence, America needs new leaders. Our work for the rich with no intent on serving us after the damage they did to undo the damages which are so vast. The fleecing of our economy is over. We are turning the tables here, we're counting every penny and ending corruption. Our enemies are so ugly that they have to buy women or whatever they please. There's an entire sex trade industry in America. You wanna be good, you think big. You wanna end corruption completely or not. It's all about each of us being protected from addiction, from slavery, from gloom, now I know you all faced hectic situations and people and were blessed with those who are intellectually superior and these people are best to help in this situations. Unity of us, we the people, a place for everyone, a community of family, yes that's right, everyone is a brother and sister to all his fellow Americans and we are all protected by each other. Good Bernie Sanders had it all planned out, he got my vote for president vs Biden any progressive Democrat will have it as well. Save the earth because America is ours and it is putting out more pollution year after year. The Republican monsters even block solar power because it messes with their profits in oil and coal. They are enemies to God and us. They are severely demented men who bought our branches of government to protect themselves from punishment from what their corporations do. Justice is turtlishly slow to the appearance of non-existence. How about Trump for instance, twice impeached now and continually obstructing justice and he's still not in prison for all the things he's done. He and his administration in many cases and they all are walking around free men. Unimprisonned! Ridiculous! They're traitors! 1+1=2. Where is the intelligence? He he attempted a coup, he spread covid19, he stole federal records and they were copied electronically. Oh the woe there because internet is so easily hackable, everything is seen. Traitors! Oh the rich declared war on the working class and the poor class and the ugly will join the rich because they have no hearts except to rape and pillage and reap the rewards of war. We must prepare. I will do as commanded by my government. The Republican party has been a den of traitors for over 40 our 45 years and their leaders have accomplished a hateful ignorant army. If they think they can overcome the majority they will fight. A party wisdom on you. God will punish who he will. Don't make God angry!
Aside from the fact that social media is inherently anti-social, TikTok's ownership is problematic. Sadly, the problem is way bigger than TikTok or Montana, and there is no national will to truly solve it.
Why we allow this thinly disguised spying on our citizenry is just beyond me. If TT is banned from Federal devices on the premise of protecting our country, it seems as if we civilians should also be vigilant about protecting our own country.
Hell will quite freeze over before I even think about using TT. There's plenty of other avenues for far greater cultural contact, avenues that don't involve the highly questionable involvement of a foreign country who is not our friend.
Support would require more money for the Bidens from China
Needs controls, but not bans...
TikTok does nothing for the nation other than corrupting the minds of millions with perverted and woke crap.
The right just doesn't want us to communicate easily.
Censorship is a slippery slope, one we're rapidly traveling down already. I'm curious how this law is expected to be enforced. If we're concerned about China spying... ever combed the headlines? What do we do to them? Gimme a break, this is getting ridiculous.