TikTok Ban in Montana: How It Impacts Data Privacy

TikTok has been banned in Montana, sparking a debate on data privacy and free expression.
The Electronic Frontier Foundation (EFF) criticized the Montana TikTok ban, calling it unconstitutional, but emphasized TikTok's unique circumstances due to China's censorship and surveillance policies.
The ban raises concerns about its impact on free expression and data privacy, potentially leading to litigation and wasteful spending.

The popular video-sharing application TikTok was recently outlawed in Montana, stirring a divisive discussion over upholding data privacy and free expression.

The Montana TikTok ban was condemned by the nonprofit Electronic Frontier Foundation (EFF), which called the measure "unconstitutional" in a post on Twitter, CNET reported.

In a March article, the EFF recognized the broad data collection tactics used by social networking sites and internet companies but emphasized TikTok's unprecedented circumstances because of China's censorship and surveillance policies.

The EFF advocated broad consumer data privacy laws rather than naming a company or nation. The foundation argued that there would be less opportunity for governments, particularly China, to acquire or use such data if something was done about the enormous collection of personal data by all companies, including TikTok, used by over 150 million Americans.

The effect of the Montana TikTok ban on free expression and data privacy worries Jason Kelley, the EFF's acting director for action. He said the prohibition violated the First Amendment's limit on government restraints on free expression and would make Montana's enforcement difficult. Kelley hypothesized that the ban's main purpose might be litigation, which may lead to the squandering of public funds.

Serious Security Concerns Led Governments To Impose TikTok Restrictions

The FBI has issued advisories on China's potential to exert influence over the software on millions of devices via its connections to ByteDance. Security concerns prompted the United States and the European Union to ban TikTok on government equipment, according to Axios.

To date, 33 states in the US have banned TikTok on state-issued mobile devices, and nine have expanded their prohibitions to include additional apps. Four states have put forward similar constraints, per CNN.

Beijing has frequently refuted claims that TikTok poses a danger to national security, and the CEO of TikTok, Shou Zi Chew, has said that ByteDance is not a member of the Chinese Communist Party.

TikTok Users Sue Montana Over Controversial Law

Montana is the first state in the United States to impose a statewide TikTok ban. Governor Greg Gianforte recently signed the legislation into law, making it illegal for app shops to allow TikTok downloads and forbidding the business from operating in the state.

The Montana TikTok ban will take effect on January 1; Montanans will not be allowed to download TikTok, and internet service providers and businesses facilitating access to the app will be subject to severe penalties of $10,000 per day.

Five TikTok users on Wednesday filed a case in US District Court in Montana, saying that the state cannot use power over national security to prohibit freedom of speech, protected by the First Amendment, as HNGN earlier reported.

The complaint questions whether the statute is constitutional, as Montanans utilize the video-sharing platform to advertise companies, communicate with war veterans, share outdoor activities, and express creativity.