Questions arise whether Montana’s TikTok ban will work

Questions arise whether Montana’s TikTok ban will work

By Vijay Narayan
Monday 22/05/2023
[Image: KTVQ]

Montana has become the first US state to ban TikTok on all devices, even personal ones, triggering renewed doubts about the short-form video app’s future in the country.

CNN reports the state’s governor, Greg Gianforte, has signed a bill into law that would fine TikTok and online app stores for making the service available to state residents.

It takes effect next year.

The move goes a step beyond other states that have restricted TikTok from government devices. It also comes at a time when some federal lawmakers are pushing for a nationwide ban.

But legal and technology experts say there are huge hurdles for Montana, or any state, to enforce such a law. The TikTok ban immediately prompted one lawsuit from TikTok users who allege it violates their First Amendment rights, with more legal challenges expected.

Even if the law is allowed to stand, the practicalities of the internet may make it impossible to keep TikTok out of the hands of users.

Passed in April, the bill establishes fines of US$10,000 per violation per day, where a single violation is defined as “each time that a user accesses TikTok, is offered the ability to access TikTok, or is offered the ability to download TikTok.”

Individual users themselves would not be on the hook just for accessing TikTok, according to the law.

If the law survives in the courts, TikTok, and companies such as Apple and Google, could be forced to find ways to restrict TikTok from Montana smartphone users — or face huge penalties.

TikTok and other civil society groups warn that the law as written is unconstitutional. There are two main arguments TikTok’s defenders have cited.

One is that the law violates the First Amendment rights of Montanans, by restricting their ability to access legal speech and by infringing on their own rights to free expression through the app.

As with the dozens of other states that have imposed some level of TikTok restrictions, Montana’s government has cited the app as a potential privacy and security risk.

US officials worry that TikTok’s links to China through its parent company, ByteDance, might result in American’s personal information leaking to the Chinese government. That could help China with spying or disinformation campaigns against the United States, according to authorities.

Source : CNN

Vehicles seen transporting drugs into interior areas of Namosi
The people of Namosi are concerned about the spread of drugs in their area and they have informed the Namosi Provincial Council that new vehicles are ...
36 minutes ago
Bastille Day celebrations connected to sports' values of humility, respect and inclusion
While celebrating the National Day of France or 'Bastille Day' at the FMF Gym in Laucala Bay, French Ambassador to Fiji, François-Xavier Léger says ...
22 minutes ago

Hibiscus Festival partnership to help showcase vibrant Fijian culture
The Hibiscus Festival which is celebrating its 68th anniversary, has just announced their partnerships with the Fiji Arts Council and the Suva Orchid ...
33 minutes ago

About 20 people homeless after 5 residential fires in the past week
About 20 people are homeless after 5 residential fires in the past week while investigations on the cause of the fires are being finalised. The ...
35 minutes ago

RKS students reconcile with Lelean regarding stoning incident
Ratu Kadavulevu School and Lelean Memorial School have reconciled after a video went viral on Facebook showing the bus carrying the students of ...
36 minutes ago

Naca Cawanibuka to appear on fijivillage Straight Talk With Vijay Narayan at 7pm tomorrow
Accomplished Strength and Conditioning Coach for the Olympics gold medal winning teams in Rio and Tokyo, Naca Cawanibuka will appear on fijivillage ...
5 hours ago

fijivillage Straight Talk with Vijay Narayan
Latest Videos

Stay tuned for the latest news on our radio stations

CFL radio frequencies
2024-2025 National Budget address by the Minister for Finance
2024-2025 National Budget address by the Minister for Finance Prof. Biman Prasad. 2024-2025 Budget ...
9 days ago

Crisis within FijiFirst that led to its deregistration
The FijiFirst Party has been de-registered by the Registrar of Political Parties, Ana Mataiciwa. This is the end of the party that led government ...
13 days ago

Pre-Budget 2024-2025
Pre Budget 2024-2025 budget recommendations and an insight of what people on the ground wish to see in the National Budget
19 days ago