Can Montana really ban TikTok? Here’s what to know about its new law
Montana’s governor, Greg Gianforte, signed a bill on Wednesday to effectively ban TikTok in Montana. This bill’s success makes Montana the first U.S. state to ban TikTok statewide. The ban will likely receive resistance from opposing politicians, activist groups, and TikTok users to be hashed out in litigation.
In April, lawmakers in Montana’s House of Representatives voted 54-43 to pass the bill, called SB419. The bill bans TikTok from being downloaded on any electronic device in Montana. SB419 asserts that ByteDance, TikTok’s parent company, is an adversary to the state of Montana because of its alleged affiliation with the Chinese government.
Also: TikTok bans explained: Everything you need to know
SB419 states that TikTok collects data from Montana users and shares user data with the Chinese government. Although many American lawmakers have suspected the Chinese government has access to U.S. TikTok user data, it has yet to be formally proven that the Chinese government can or has accessed such information.
SB419 cites concerns over children’s safety on TikTok, especially highlighting the dangerous “challenges” that circulate on TikTok. SB419 states these challenges include attempting to climb stacks of milk crates, stealing utilities from public places, cooking chicken in NyQuil, and many more.
Also: Congress proposed two bills to ban TikTok. Here’s what they mean
SB419 section one declares that an entity will violate Montana’s new law by allowing Montana residents the option to download TikTok in a mobile application store. This provision means that Google’s Google Play Store and Apple’s App Store will have to pull TikTok from its app marketplaces on Montanans’ devices to remain in compliance with Montana law.
Neither Google nor Apple responded immediately to comment on the matter.
However, the bill does not penalize any of Montana’s citizens if they use TikTok once the bill takes effect, signaling that Big Tech is the target of SB419’s consequences.
Also: Twitter says its purging inactive accounts: What you need to know
SB419 section four states that SB419 will become void if TikTok is acquired by or sold to a company that is an ally of the U.S., echoing the demands of former President Donald Trump when he tried to ban TikTok in 2020.
President Joe Biden has also made efforts to ban TikTok in the U.S., backing legislation removing the legal hurdles preventing the president from banning the app. Opponents of the federal bills proposed to ban TikTok and opponents of Montana’s new law all cite that banning TikTok is a First Amendment violation to all Americans.
Also: The best lights for streaming on Twitch, Youtube, and TikTok
In an open letter to the Montana State Legislature, the ACLU says SB419 is censorship and sets an “alarming precedent” for the government’s ability to control how Americans use the internet. TikTok is pushing back against the Montana ban, saying that the ban is unlawful and infringes on the rights of Montana TikTok users.
SB419 is set to be enacted into law beginning January 1, 2024.
Montana’s governor, Greg Gianforte, signed a bill on Wednesday to effectively ban TikTok in Montana. This bill’s success makes Montana the first U.S. state to ban TikTok statewide. The ban will likely receive resistance from opposing politicians, activist groups, and TikTok users to be hashed out in litigation.
In April, lawmakers in Montana’s House of Representatives voted 54-43 to pass the bill, called SB419. The bill bans TikTok from being downloaded on any electronic device in Montana. SB419 asserts that ByteDance, TikTok’s parent company, is an adversary to the state of Montana because of its alleged affiliation with the Chinese government.
Also: TikTok bans explained: Everything you need to know
SB419 states that TikTok collects data from Montana users and shares user data with the Chinese government. Although many American lawmakers have suspected the Chinese government has access to U.S. TikTok user data, it has yet to be formally proven that the Chinese government can or has accessed such information.
SB419 cites concerns over children’s safety on TikTok, especially highlighting the dangerous “challenges” that circulate on TikTok. SB419 states these challenges include attempting to climb stacks of milk crates, stealing utilities from public places, cooking chicken in NyQuil, and many more.
Also: Congress proposed two bills to ban TikTok. Here’s what they mean
SB419 section one declares that an entity will violate Montana’s new law by allowing Montana residents the option to download TikTok in a mobile application store. This provision means that Google’s Google Play Store and Apple’s App Store will have to pull TikTok from its app marketplaces on Montanans’ devices to remain in compliance with Montana law.
Neither Google nor Apple responded immediately to comment on the matter.
However, the bill does not penalize any of Montana’s citizens if they use TikTok once the bill takes effect, signaling that Big Tech is the target of SB419’s consequences.
Also: Twitter says its purging inactive accounts: What you need to know
SB419 section four states that SB419 will become void if TikTok is acquired by or sold to a company that is an ally of the U.S., echoing the demands of former President Donald Trump when he tried to ban TikTok in 2020.
President Joe Biden has also made efforts to ban TikTok in the U.S., backing legislation removing the legal hurdles preventing the president from banning the app. Opponents of the federal bills proposed to ban TikTok and opponents of Montana’s new law all cite that banning TikTok is a First Amendment violation to all Americans.
Also: The best lights for streaming on Twitch, Youtube, and TikTok
In an open letter to the Montana State Legislature, the ACLU says SB419 is censorship and sets an “alarming precedent” for the government’s ability to control how Americans use the internet. TikTok is pushing back against the Montana ban, saying that the ban is unlawful and infringes on the rights of Montana TikTok users.
SB419 is set to be enacted into law beginning January 1, 2024.
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