A bill introduced in Montana would prevent apps like TikTok from being listed for download on app stores such as Google Play and Apple's App Store. The bill is forwarded to Republican Governor Gianforte for signature.
TikTok, owned by Chinese investors, continues to be the target of fierce battles. As part of their efforts to address short-form video apps, Montana lawmakers voted on Friday to ban the most popular app from the state.
Reuters writes that a bill would prevent applications like TikTok from being listed on apps stores, like Google Play or Apple's App Store in Montana. A 54-43 vote in the Montana House of Representatives approved the bill, SB419. Upon signing the bill, Gianforte will ensure it comes into effect in January. Despite the potential for substantial legal challenges, the legislation may still pass.
However, there is nothing in the bill that makes it illegal for people who already use the app. This is regardless of the enacted law. The bill's original version forced internet providers to block TikTok. However, that particular language was removed, and it is not part of the amended bill.
A state government has taken the first step in restricting TikTok in response to perceived security concerns since the legislation was passed. A national ban on TikTok seems to be on the cards after some federal lawmakers have called for an end to the app.
A bill has been introduced targeting TikTok. It outlines the potential penalties imposed on the company if it violates the law daily. In addition to app stores that violate the law, penalties would also apply. As a result, users who access TikTok as part of their routine will not be penalized for doing so.
As a result of allegations that TikTok's Chinese owner, ByteDance, places US users' personal information at risk for marketing purposes, the app has come under significant scrutiny from US legislators in recent months. Several congressmen have called for American data sharing with the Chinese government at the federal and state level. Last month, a congressional committee grilled TikTok CEO Shou Zi Chew on the issues widely held by the general public on social media.
Numerous claims are being made against TikTok, including accusations of data theft, data mining, piracy, and data collection. However, TikTok has repeatedly denied these claims. To gain respect among US legislators, TikTok poured more than $1 billion into establishing a database where American users' data would be archived exclusively on Oracle's servers.
As acknowledged by its champions, the bill's supporters have no practical plans for operationalizing this attempt to censor American voices and therefore have no chance of succeeding. It has also been confirmed by TikTok's spokesperson Brooke Oberwetter that a court will decide whether the bill's constitutionality can stand up in court. Brooke hopes that the government of Montana will continue to abuse the First Amendment to keep TikTok users and creators in Montana from earning a living and protecting their rights under the First Amendment.
Currently, the bill is being sent to the governor to be signed into law. There is a high probability that Republican governor Greg Gianforte will sign it. In Montana, TikTok has been banned from government devices because he previously banned it. Similar executive orders have been enacted by other states to ban the use of the app on devices and networks owned and operated by the government.
Data safety concerns, surveillance by the Chinese government, and the involvement of minors in "dangerous activities" resulting from TikTok use were cited in the bill, which included a claim that minors were cooking chicken in NyQuil and climbing milk crates as dangerous activities. Critics of the app say that these activities were part of a set of challenges that had become popular.
As a result of the links that TikTok's parent company, ByteDance, has with TikTok's parent company, the Chinese government has been widely expressed as having a potential risk of accessing user data from TikTok.
In addition, they worry that this kind of information could be used by Chinese intelligence agencies or propaganda campaigns for their benefit. It is unclear whether the Chinese government has accessed or used any data related to TikTok's US users to influence them, and there has been no public evidence of this. According to Christopher Wray, Director of the FBI, the FBI does not believe many signs would be at first glance if this were to happen if it did happen.
To make TikTok safer and more sustainable, the US government has called on its Chinese owners to spin off TikTok. In the context of its Project Texas initiative, TikTok says it can address national security concerns by installing a "firewall" around US users' data covering a wide area of cyberspace.
Despite the uncertainty surrounding Montana's legislation's future, there is still hope for it. TikTok is a member of an industry group called NetChoice, which also has other technology companies in its membership. The group declared Friday that SB419 violates the US Constitution by trying to punish a person without a trial, or so-called "bills of attainment."
It has been alleged by other civil society organizations that SB419 violates Montanans' rights to free expression as well as their access to information under the First Amendment. Earlier this week, the American Civil Liberties Union sent a letter to members of state legislatures in which the organization made the argument that government restrictions on freedom of speech must meet a high constitutional standard.
As a result of SB 419, Montanans would be better off without a platform where they could speak out freely and exchange ideas daily; this would be censorship.
According to the letter, if this becomes a law, it will set a dangerous precedent that government bodies will hold excessive control over Montanans’ access to the internet.
According to Lynn Greenky, a First Amendment scholar and associate professor of Communication Studies at Syracuse University, the legislation also refers to "dangerous content" and "dangerous challenges" to TikTok phrases, raising an immediate "red flag" that will trigger a more thorough review of the bill.
The bill sponsor, Shelley Vance, did not respond to a request for comment immediately after receiving it. In response to a question about Gianforte's comments, Gianforte's spokesperson failed to respond immediately.
If the law is passed, the app ban will be implemented before 2024 begins.
Several Congressmen are expressing concerns about the app as security concerns rise due to Chinese owners. As part of the Biden administration's warning issued last month, TikTok's parent company ByteDance, based in China, was told to divest ownership of the service or face a ban by the federal government.
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