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Technology|Montana Legislature Approves Outright Ban of TikTok

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MONTANA LEGISLATURE APPROVES OUTRIGHT BAN OF TIKTOK

The bill, which would make the state the first to ban the social media app, now
goes to the desk of Gov. Greg Gianforte.

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The Montana House gave final legislative approval to a statewide TikTok ban,
which is expected to face legal challenges.Credit...Janie Osborne for The New
York Times


By David McCabe

David McCabe, who covers tech policy in Washington, has reported on TikTok since
2020.

April 14, 2023Updated 7:19 p.m. ET

The Montana House of Representatives on Friday approved a total ban on TikTok
inside the state, setting up the state’s Republican governor to sign the
first-of-its-kind prohibition into law.

The legislation, which would also bar app stores from carrying TikTok, the
wildly popular viral video app, was approved 54 to 43 in the last of two votes
in the State House. The State Senate passed it in March.

Gov. Greg Gianforte must decide whether to sign the bill into law, veto it or do
nothing for 10 days after receiving the bill and let it become law without his
signature. A spokeswoman for Mr. Gianforte, Brooke Metrione, said he would
“carefully consider any bill the Legislature sends to his desk.”

A TikTok spokeswoman, Brooke Oberwetter, said in a statement that supporters of
the bill had admitted they didn’t have a feasible plan for carrying out the ban.



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“We will continue to fight for TikTok users and creators in Montana whose
livelihoods and First Amendment rights are threatened by this egregious
government overreach,” she said.


Image

Gov. Greg Gianforte, a Republican, can sign the TikTok bill into law, veto it or
let it become law without his signature.Credit...Thom Bridge/Independent Record,
via Associated Press


Montana’s Republican-controlled Legislature became an unlikely battleground in
recent weeks in a growing technology fight between the United States and China.
Lawmakers in Washington have said for years that they believe TikTok, which is
owned by the Chinese company ByteDance, could provide information to Beijing or
be used to spread propaganda. The Biden administration has told TikTok that it
wants its Chinese owners to sell their stakes in the app or face a possible
national ban.

Concerns about the app have arisen as the U.S. government has tried to hobble
China’s telecommunication companies and chip makers while backing their
competitors. In 2020, the government forced a Chinese company to sell the dating
app Grindr.



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Under the Montana legislation, TikTok could face fines if it continued to
operate in the state, as could Apple and Google if they allowed users to
download the app. The law lifts the prohibition, which would take effect in
2024, if TikTok is sold to a company that is not incorporated in an adversarial
nation.


Image

The ban’s supporters say Beijing could use TikTok, which is owned by the Chinese
company ByteDance, to obtain the data of users in Montana.Credit...Greg
Baker/Agence France-Presse — Getty Images


The ban’s supporters say Beijing could use the app to obtain the data of users
in Montana. They point to ByteDance’s admission that some of its employees
inappropriately got access to the data of journalists while investigating leaks
about the company.

Montana will be in uncharted territory if it tries to ban the app. A trade group
funded by Apple and Google has said the companies cannot stop app downloads in a
single state. Critics of the legislation say that TikTok users could disguise
their location to maintain access to the app, and that the ban may be hard to
enforce in border towns.

Lawmakers narrowly voted down a proposed amendment to the bill that would have
broadened the ban to all online services that provided data to hostile powers.

The ban will probably be challenged in court if it becomes law. The American
Civil Liberties Union and other free speech groups have said the bill violates
the First Amendment rights of Montanans who use the app. But the state’s
attorney general, whose office drafted the bill, has said he is prepared for a
court fight.








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