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April 14, 2023

Montana Legislature Moves Closer to Banning TikTok on Personal Devices

Montana Legislature Moves Closer to Banning TikTok on Personal Devices
Mattie McKinney
Mattie McKinney

The Montana legislature has taken a significant step towards banning the popular social media app TikTok on personal devices across the state. Senate Bill 419 recently passed its second reading in the House and is now headed for a final vote. If approved, Governor Greg Gianforte would have the opportunity to sign it into law.

TikTok has faced considerable scrutiny in recent times due to privacy concerns and alleged affiliations with the Chinese Communist Party. However, questions remain about how such a ban would function, including whether geolocation technology could be used to verify if users are within Montana's state lines.

If telecom providers like Verizon or T-Mobile were found selling access to TikTok within Montana after any potential ban, these companies might face legal consequences as accessories.

Montana lawmakers are expected to vote soon on SB 419 amid ongoing debate over its potential impact on freedom of speech. Attorney General Austin Knudsen is keen for possible litigation following enactment of this legislation, which he believes could help determine if companies like TikTok should be treated as private entities or public utilities.

This argument mirrors those made by other conservatives who have called for reforming Section 230 – a 1996 law that protects websites from being held liable for content posted by their users. The White House has even threatened an outright ban on TikTok unless its parent company ByteDance divests from the platform.

Should SB 419 pass into law, downloading TikTok will become illegal in Montana starting from 2024. App stores will not be permitted to offer it for download within state boundaries while using pre-installed versions may still pose legal risks for residents concerned about data safety and surveillance from foreign governments.

Critics argue that implementing such a ban sets a dangerous precedent where government authorities can target businesses without clear evidence of wrongdoing simply because they don't approve of them - questioning what steps officials would take to enforce this new policy.

The potential ban of TikTok in Montana highlights the ongoing debate surrounding data privacy and security, as well as the role that foreign governments may play in accessing user information. With federal lawmakers also calling for a national TikTok ban, it remains uncertain how these concerns will be addressed on a larger scale.