On Wednesday, Montana Governor Greg Gianforte signed a bill prohibiting TikTok. Gianforte tweeted that he had banned TikTok in Montana “to protect Montanans’ personal and private data from the Chinese Communist Party,” making Montana the first state to deny the social media application officially.
The esteemed Governor Greg Gianforte, a verified user of Twitter, has recently shared details regarding the previous occasion on his social media platform:
To protect Montanans’ personal and private data from the Chinese Communist Party, I have banned TikTok in Montana.
— Governor Greg Gianforte (@GovGianforte) May 17, 2023
The controversial law is the furthest step yet taken by a state government to restrict TikTok based on perceived security concerns, and it comes at a time when some federal legislators have called for a nationwide ban. However, it will likely be challenged in court.
The measure, which goes into effect in January, explicitly names TikTok as its target and prohibits the app’s operation within state borders. The law also specifies penalties of up to $10,000 per day for violators, including app stores found to be hosting the social media application.
Last month, the Montana House of Representatives passed SB419 by a vote of 54-43, sending it to Governor Gianforte’s desk.
“Governor Gianforte has signed a bill that infringes on the First Amendment rights of the people of Montana by unlawfully banning TikTok, a platform that empowers hundreds of thousands of people across the state. “
“We want to reassure Montanans that they can continue using TikTok to express themselves, earn a living, and find community as we continue working to defend the rights of our users inside and outside of Montana.”
The law is enacted as TikTok’s ties to China are scrutinized. TikTok is owned by the Chinese company ByteDance.
Numerous US officials have expressed concern that the Chinese government could potentially access US data through TikTok for espionage purposes, even though there is no evidence that the Chinese government has ever accessed the personal information of US-based TikTok users.
NetChoice, a technology trade association with TikTok, deemed the Montana bill unconstitutional.
Carl Szabo, NetChoice’s general counsel, said –
“The government may not block our ability to access constitutionally protected speech whether in a newspaper, on a website, or via an app. In implementing this law, Montana ignores the U.S. Constitution, due process, and free speech by denying access to a website and apps their citizens want to use.”
The ACLU also pushed back on the bill, releasing a statement saying that-
“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.”
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