Montana governor signs first state TikTok ban into law
Christopher Hutton
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Montana’s governor signed a bill into law that will ban TikTok from operating within its borders, making it the first state to ban the app completely.
Gov. Greg Gianforte (R-MT) signed the legislation on Wednesday, prohibiting app stores from providing access to the TikTok app within state borders. The law will also prohibit the use of social networks that share information with countries such as China and Iran. The Montana Department of Justice can now fine app stores or TikTok parent company ByteDance $10,000 a day for each violation.
“To protect Montanan’s personal and private data from the Chinese Communist Party, I have banned TikTok in Montana,” Gianforte said.
“TikTok is a Chinese Communist Party spying tool that poses a threat to every Montanan,” Montana Attorney General and legislative co-author Austin Knudsen said in a statement. “I’m thankful to Governor Gianforte and the Legislature, especially [state senator Shelley Vance], for working with me to protect Montanans’ privacy and security. I hope other states recognize the dangers of TikTok and follow suit.”
Industry and free speech groups slammed the bill’s passage.
“In implementing this law, Montana ignores the U.S. Constitution, due process, and free speech by denying access to a website and apps their citizens want to use,” said NetChoice Vice President and General Counsel Carl Szabo in a statement. NetChoice is a right-leaning technology think tank.
“With this ban, Governor Gianforte and the Montana legislature have trampled on the free speech of hundreds of thousands of Montanans who use the app to express themselves, gather information, and run their small business in the name of anti-Chinese sentiment,” said ACLU of Montana Policy Director Keegan Medrano.
Multiple states have already passed legislation that bans the use of TikTok on federally-owned devices.
Congress is also attempting to determine the best way to rein in TikTok. Sens. John Thune (R-SD) and Mark Warner (D-VA) are pushing for the passage of the RESTRICT Act, which would give the Commerce Department additional powers to regulate tech business deals related to nations of concern, such as China or Iran. The RESTRICT Act has been the target of scrutiny from critics who allege it would be an unnecessary extension of government authority.
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Sens. Marco Rubio (R-FL) and Josh Hawley (R-MO) have proposed outright bans on TikTok for months over its data collection practices and relationship with the Chinese Communist Party.
TikTok CEO Shou Zi Chew appeared before Congress in April. Lawmakers on both sides of the aisle questioned the Singapore-based executive over the company’s practices.