Montana Bans TikTok: Will It Work & What’s Next?

Last week, Montana became the first US state to ban TikTok entirely. This may be the latest and greatest move to curtail the Chinese social media titan in the US, but it’s by no means the first. 

For a couple years now, fears of foreign interference and Chinese surveillance have had some US lawmakers across the political divide seeing eye to eye on one thing: TikTok must be stopped. 

But for the millions of regular TikTok users and creators in the US, as well as for privacy advocacy groups like ourselves, the news of Montana’s controversial new law raises all kinds of concerns. 

• Will Montana’s TikTok ban trigger other states to follow suit, or even lead to a complete national ban? 
• Does censoring certain sites over others really protect US citizens’ data, and does this practice contravene our constitutional right to freedom of expression by restricting which platforms we want to use? 
• Can the ban be enforced without trampling even further on individual rights?
• What does Montana’s TikTok ban say about the state of digital freedom and privacy in the US? 

Montana Governor Bans TikTok from App Stores 

In a recent tweet, Montana Governor Greg Gianforte stated his reason to sign Senate Bill 419 and ban TikTok is “to protect Montanans’ personal and private data from the Chinese Communist Party.” 

Like many lawmakers, Gianforte is convinced TikTok is a spy tool for the Chinese government, and presents a real and present threat to national security. 

Under the new law, app stores like Google Play or the Apple App Store could face fines of up to $10,000 a day for continuing to allow TikTok downloads in the state. Individuals already using the app will not face any penalties, for now. 

The ban comes into effect on Jan. 1, 2024, but is expected to be challenged in court before then. 

Is Time Running Out for TikTok?

This is not the first time we’ve seen TikTok come under intense scrutiny over national security concerns. Here’s how things have unfolded so far:

2019 – US senators call for an investigation into TikTok.

2020 – President Donald Trump attempts to ban TikTok and WeChat, but is blocked by multiple courts.

May 2023 – Montana governor signs Senate Bill 419 to effectively ban TikTok in his state from 2024.

Will TikTok be Banned in the Rest of the US?

It remains to be seen whether Montana will be followed by other states in banning the app outright, and if this could set the stage for a national ban. In the meantime, privacy advocates are raising the alarm.

The ACLU, Electronic Frontier Foundation, TechFreedom and several other organizations signed an open letter to the Montana State Legislature saying that the law “would unjustly cut Montanans off from a platform where they speak out and exchange ideas everyday, and it would set an alarming precedent for excessive government control over how Montanans use the internet.”

 “This is yet another step in the erosion of digital freedom in the US and imposes unacceptable restrictions on citizens’ digital rights.” commented Charlotte Scott, Digital Rights Advocate at Private Internet Access.

Most critics agree the law would pose a challenge to enforce both legally and technically, and caution that bans of this kind could lead to even further impositions on individual privacy.

Is Montana’s TikTok Ban Unconstitutional?

As per the First Amendment, US citizens have the right to access information and express themselves using whatever communications tool they prefer. 

“It is a blatant violation of the First Amendment, whether it’s done by Congress or Montana. This ban won’t protect Montana residents’ private data. Companies will continue to harvest and monetize personal info and make it widely available to purchasers, thieves, and foreign actors.” Electronic Frontier Foundation (EFF)

The American Civil Liberties Union (ACLU) denounced the law, saying, “Governor Gianforte and the Montana legislature have trampled on the free speech of hundreds of thousands of Montanans.”

Industry group NetChoice reaffirmed that, “The government may not block our ability to access constitutionally protected speech – whether it is in a newspaper, on a website or via an app”, adding that Montana’s law “ignores the U.S. Constitution, due process and free speech.”

How Can States Prevent Harmful Data Collection?

When it comes to protecting US citizens from harmful data collection, both the EFF and PIA’s Charlotte Scott warn states and the federal government against singling out one or other website. 

Owned by Chinese company ByteDance, the short-video app is now far and away the most downloaded app in the world with over 150 million users in the US. 

Instead, comprehensive data privacy laws should be applied fairly to all online platforms, as is done in the EU by laws like the General Data Protection Regulation (GDPR). The GDPR regulates how sites collect, store, use, and share user data. Everyone has to play by the same rules in the EU, and US platforms are held to the same level of scrutiny as their foreign counterparts. 

TikTok Denies All Charges

The company is suing Montana over the law, arguing it violates the First Amendment. TikTok continues to deny it shares US user data with the Chinese government, and appears to be doing all it can to salvage its reputation in what has become its biggest market. 

While the Chinese Communist Party may demand access to TikTok’s servers, no public evidence has come to light proving Chinese officials have ever sought to use TikTok user data.

TikTok spokesperson Brooke Oberwetter said that the courts will decide if the Montana ban is constitutional, and that TikTok would fight to keep the app available in Montana.

If Montana’s TikTok Ban Goes Through, Can People Still Access TikTok?

Whether you will still be able to download TikTok really depends on how the ban will be enforced. The most likely way would be to prevent all Montana IP addresses from being able to download TikTok from the major app stores.