The Montana House unanimously approved a bill on Friday, April 14, to prohibit the use of the China-owned social media app TikTok within the state.
While this will undoubtedly be challenged in court, it will also serve as a pilot program for the TikTok-free America that many national lawmakers envision in light of concerns over Chinese spying.
Statewide TikTok Ban
According to AP News, the legislation passed the House with a 54-43 vote, making Montana the first state to completely outlaw the use of the app. It goes beyond the TikTok bans on government-owned devices already in place in roughly half the states, including Montana, and the US federal government.
Republican Governor Greg Gianforte, who has not yet said whether or not he expects to sign the bill, now has the opportunity to do so. Brooke Metrione, the governor's spokeswoman, said in a statement that the governor will "carefully consider" any and all legislation that is sent to his desk by the Legislature.
Last year, Gianforte prohibited the use of the software TikTok on state government devices, citing concerns that it presented a "significant risk" to confidential state information.
When asked about the bill's legality, a representative for TikTok, Brooke Oberwetter, said the bill's proponents acknowledged having no feasible plan to implement this effort "to censor American voices."
Oberwetter stated TikTok will continue to advocate for TikTok users and creators in Montana whose livelihoods and First Amendment rights are jeopardized by this government action.
Reportedly, this prohibition would not take effect until January 2024, and it would be null and invalid if either the federal government or TikTok severed ties with China.
Under Scrutiny
ByteDance, the Chinese internet firm that owns TikTok, has been under close investigation due to concerns that the business may share user data with the Chinese government or promote pro-Beijing propaganda and disinformation on the network. FBI and CIA directors, along with many legislators from both parties, have voiced similar worries without providing proof of their veracity.
Critics of the ban cite two Chinese regulations that require companies in the nation to assist state spy agencies.
They also point to disturbing incidents, such as ByteDance's confession in December 2022 that it had dismissed four workers who had accessed the IP addresses and other data of two journalists to track out the leaker of a report regarding the firm.
Legislation is being considered in Congress that would not target TikTok in particular but would provide the Commerce Department broader authority to limit foreign threats on technological platforms. Although supported by the White House, this legislation has been met with opposition from privacy activists, right-wing critics, and others who believe the language is too broad.
In response, TikTok has promised to safeguard the information of its American users.
