TikTok is suing Montana for first statewide undo

Nabil Anas
Nabil Anas

Global Courant 2023-05-23 02:36:05

The social media company TikTok filed a lawsuit Monday to overturn Montana’s first ban on the video-sharing app, arguing that the law is an unconstitutional violation of free speech and based on “unfounded speculation” that the Chinese government could gain access to users’ data.

TikTok’s lawsuit follows a lawsuit filed last week by five content creators who made the same arguments, including that the state of Montana has no authority to take action on national security issues. Both lawsuits were filed in federal court in Missoula.

Republican Governor Greg Gianforte signed the bill into law Wednesday, and the lawsuit by the content creators was filed hours later. The law is expected to come into effect on January 1, 2024.

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In its complaint, TikTok states that it has not and will not share US user data with the Chinese government and has taken steps to protect the privacy and security of its users, including storing all US user data in the United States.

Montana Republican Governor Greg Gianforte signs a law banning TikTok in the state on Wednesday, May 17 in Helena, Mont. The law made Montana the first state in the US to completely ban the app. (Garrett Turner/Montana Governor’s Office/The Associated Press)

AG’s office prepared to defend new law

Some lawmakers, the FBI and other agency officials are concerned that the video-sharing app, owned by Chinese technology company ByteDance, could be used to give the Chinese government access to information about US citizens or to spread pro-Beijing misinformation. disseminate information to the public.

Chinese law requires Chinese companies to share data with the government for purposes that may jeopardize national security. TikTok says this has never happened.

LISTEN | How to protect your data when using TikTok:

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At speed6:40What should we be concerned about when it comes to TikTok and data security?

Brandon University professor Gautam Srivastava joined CBC’s Laurie Hoogstraten to explain how to protect your data when using TikTok and other social media platforms.

“TikTok is spying on Americans. Period,” Attorney General Austin Knudsen, whose office drafted the bill, told a legislative committee in March. Knudsen’s office has said it expects litigation and is prepared to defend the new law.

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The federal government and about half of the US states, including Montana, have banned TikTok on government-owned devices.

Montana’s new law bans downloading TikTok in the state. It would fine any “entity” – an app store or TikTok – $10,000 US per day for every time someone is “offered the opportunity” to access the social media platform or download the app. The fines do not apply to users.

TikTok is suing Montana for first statewide undo

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