TikTok: a way of life for many people, but a national security threat in the eyes of politicians. Across the United States, governments are already prohibiting employees and contractors from using the social video platform which is owned by Chinese firm ByteDance. Meanwhile, Congress continues to mull a nationwide general ban despite assurances from TikTok’s CEO and the potential of legal challenges on constitutional grounds. The state Montana could set the stage for what’s to come as its legislature has just passed a bill that would ban the app from being distributed to its citizens.
Both houses of the legislature have approved S.B. 419 (via Montana Free Press) with the House of Representatives passing the bill by a margin of 54 to 43 on Friday. It now awaits Governor Greg Gianforte’s signature.
If the act is signed into law, starting in 2024, Montana would fine distributors $10,000 every day they offer “the ability to access [or] download” the app to customers in the state as well as every time a user opened the app. Users are not penalized.
The Associated Press reports Gianforte authorized a TikTok ban on state government devices last year. Gianforte has not signaled what he will do with S.B. 419. A spokesperson for his office says he “will carefully consider” any bill that lands on his desk.
Privacy hawks supporting a ban have argued that ByteDance could be compelled to turn over sensitive data collected from American users to the Chinese government. A stipulation of the National Intelligence Law of 2017 (via Brown University) prevents any commercial parties doing business in the country from publicly disclosing any such transfers of data. The government may also activate directives through private channels.
However, TikTok — being a US-based subsidiary of ByteDance — could mount a challenge to the ban on First Amendment grounds. A company spokesperson called the legislation an “egregious government overreach” and vowed sustained opposition.
Congress could consider a TikTok ban as part of a larger framework which determines whether to cut trading ties with foreign tech companies, avoiding the free speech argument.
Gianforte has until April 24 to either sign S.B. 419 into law or veto it. The House and Senate would each need a two-thirds vote to overturn a veto. The act would also go into effect if it is not signed.
