Montana vs TikTok: A Byte-Sized Legal Battle Begins

Big Sky Country’s Digital Duel: Governor Gianforte Logs TikTok Out of Montana

A Grizzly bear films a human for his Tiktok Account, by Clarissa Steed

In an unparalleled move, Montana Governor Greg Gianforte has signed a law making it illegal for social media platform TikTok to operate within the state, laying the groundwork for a potential legal showdown. The new law's implications extend beyond existing bans on government-issued devices in many U.S. states, affecting approximately 200,000 Montana TikTok users and 6,000 businesses that rely on the platform.

The law was driven by concerns that TikTok could serve as a conduit for the Chinese government to gather U.S. user data and disseminate pro-Beijing propaganda. These concerns echo the sentiment of bipartisan lawmakers, the FBI, and the CIA, who has previously labeled TikTok a potential national security threat due to the platform's parent company, ByteDance, operating under Chinese law.

 The Montana law, set to take effect in January 2024, plans to enforce the ban by prohibiting downloads of TikTok within the state, imposing daily fines of $10,000 on any entity providing access to the app. However, cybersecurity experts have cast doubt on the practicality of enforcement given the lack of government control over web content in the U.S. and possible workarounds for users, such as VPN services and prepaid cards.

Tech companies like Apple and Google, which could face liability under the law, have not publicly opposed the legislation. Yet, industry group TechNet has indicated that app stores cannot geographically restrict apps, making it difficult to prevent downloads of TikTok, specifically in Montana.

 Montana's Attorney General Austin Knudsen is prepared for legal battles following this unprecedented law. TikTok spokesperson Brooke Oberwetter responded that the law infringes upon Montanan’s free speech rights and is unlawful. The outcome of this controversy will set a significant precedent for similar digital regulations.

By Clarissa Steed