Montana recently banned the popular video-sharing app TikTok, sparking a debate on data privacy and freedom of expression.
The nonprofit organization Electronic Frontier Foundation (EFF) criticized the Montana TikTok ban, deeming it unconstitutional in a Twitter post.
Speculations Surrounding the TikTok Ban in Montana
In a March article, the EFF acknowledged the extensive data collection practices employed by social networking sites and internet companies, while emphasizing the unique circumstances surrounding TikTok due to China’s censorship and surveillance policies.
The EFF advocated for comprehensive consumer data privacy laws that encompass all companies, rather than singling out a specific company or nation. The foundation argued that by addressing the widespread collection of personal data by companies like TikTok, which is used by over 150 million Americans, governments, particularly China, would have fewer opportunities to access or utilize such data.
The ban’s impact on freedom of expression and data privacy concerns Jason Kelley, the EFF’s acting director for action. He asserted that the prohibition violated the First Amendment’s prohibition on government restrictions on free expression and would pose challenges in its enforcement within Montana. Kelley speculated that the ban’s primary objective might be litigation, leading to the unnecessary expenditure of public funds.
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Constitutionality Concerns of the Ban
The FBI has issued advisories regarding China’s potential to exert influence through software connected to ByteDance, the parent company of TikTok, on millions of devices. Due to security concerns, both the United States and the European Union have banned TikTok on government equipment.
Montana became the first state in the United States to enact a statewide TikTok ban. Governor Greg Gianforte recently signed the legislation into law, making it illegal for app stores to offer TikTok downloads and prohibiting the operation of the platform within the state.
The Montana TikTok ban will come into effect on January 1, preventing Montanans from downloading TikTok. Internet service providers and businesses that facilitate access to the app will face significant penalties of $10,000 per day.
In response to the ban, five TikTok users filed a lawsuit in the US District Court in Montana, arguing that the state cannot employ national security powers to restrict freedom of speech protected by the First Amendment.
The complaint raises concerns about the ban’s constitutionality, highlighting how Montanans utilize the video-sharing platform for various purposes, including business promotion, communication with war veterans, sharing outdoor activities, and expressing creativity.
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