Montana on Wednesday became the first state in the U.S. to ban the popular app TikTok, which is owned by Chinese tech company ByteDance. The law would ban app stores from making the app available for download in Montana, and would also fine any “entity” such as an app store or TikTok itself, $10,000 per day each time a user is “offered the ability” to access or download the platform.
The measure is likely to be met with a legal challenge as it serves as a benchmark for anti-TikTok legislation that many public officials are pushing for. To date, over half of U.K. states and the federal government have instituted legislation banning the app on government-owned devices.
The American Civil Liberties Union (ACLU) and NetChoice have decried this law as unconstitutional while organizations like FBI and other agencies have expressed concern that the Chinese government could potentially use TikTok as both means of gaining access to information about U.S citizens or spreading pro-Beijing propaganda.
According to Jamal Brown, a spokesperson for TikTok, there are currently 200,000 users of their platform within Montana along with 6,000 businesses who utilize their services. "This decision not only impacts individual users' right to express themselves but also affects local businesses relying on our platform," said Brown.
Jennifer Newstead, General Counsel at ACLU stated: "While national security concerns should always be taken seriously; however blanket bans targeting specific platforms raise serious constitutional questions." She further added that they will be closely monitoring developments related to this new legislation.
Steve DelBianco from NetChoice echoed similar sentiments: "We understand that there may be concerns about data privacy originating from foreign companies like ByteDance but completely banning an entire social media application sends a chilling message about free speech."
On another side of debate stands Mark Warner (D-VA), a leading advocate for national security concerns surrounding TikTok. "While I understand that there may be economic repercussions," he explains, "we cannot risk having an app with such widespread usage potentially allowing the Chinese government access to sensitive data about American citizens."
As this controversial law comes into effect, it remains to be seen how other states and the federal government will respond. With Montana setting a precedent for fully banning TikTok, the coming weeks and months could shape the future of both tech legislation and international relations in ways yet unseen.