Montana has officially banned the widely popular video-sharing app TikTok. On May 17, 2023, Governor Jim Sullivan signed into law an act prohibiting the use of the app within the state boundaries.
The decision was made following increasing concerns over data privacy and national security.
Akin to a few other states, Montana has grown wary of TikTok‘s data handling practices. However, it has become the first to transform this apprehension into a legal restriction.
While the app’s massive popularity challenges the ban’s implementation, state officials have expressed their commitment to enforcing it to protect residents’ privacy.
The Alleged Threat to The State’s Residents
TikTok, a social media platform owned by the Chinese company ByteDance, boasts approximately one billion users worldwide. Its unique appeal lies in the ability of users to create and share 15-second videos set to music, making it a cultural phenomenon among younger generations.
TikTok’s data collection practices have raised concerns in various quarters over the past few years.
According to the Montana law, titled “Protection of Information and Privacy Act,” TikTok’s access to a wide array of personal data makes it a threat to the state’s residents.
The law explicitly states that TikTok gathers extensive information, including users’ locations, browsing histories, and even biometric data – potentially infringing users’ privacy rights.
Today, Montana takes the most decisive action of any state to protect Montanans’ private data and sensitive personal information from being harvested by the Chinese Communist Party.Greg Gianforte, Governor of Montana
The Concerns, Arguments, Claims & Response
Despite TikTok’s assertions that it stores US users’ data domestically with a backup in Singapore, skeptics have voiced concerns about the Chinese government’s potential access to this data.
Given China’s stringent domestic laws, critics argue that ByteDance could be coerced into sharing information with the Chinese government, posing a national security risk.
This legislation has drawn significant backlash from TikTok and its large user base, who argue that the ban infringes on their freedom of speech. The American Civil Liberties Union of Montana (ACLUM) has also expressed concerns, asserting that the state’s authorities are overstepping their bounds.
TikTok has become an essential platform for creative expression…this move could be viewed as an attempt to suppress that…An ACLUM official
In a swift response, TikTok has already launched a legal challenge against the Montana law, claiming it is discriminatory and unconstitutional. Legal experts predict a contentious battle ahead as the social media giant and the state prepare to defend their positions in court.
The ban has also instigated broader discussions about data privacy, prompting a review of how tech giants use personal data.
Several states are reportedly considering similar legislation, indicating that Montana’s controversial decision might spark a ripple effect across the United States.
As the situation unfolds, whether other states will follow suit remains to be seen, potentially reshaping the American digital landscape. Meanwhile, Montana’s precedent-setting move against TikTok has unquestionably placed the spotlight on digital privacy and data protection, promising to incite debate in this arena for some time.
