Montana Gov. Reportedly Seeks Changes To TikTok Ban Bill, But Questions About Its Feasibility Remain

Topline

Montana Gov. Greg Gianforte is seeking changes to the legislation which bans TikTok in the state by expanding its ambit so that it does not target one specific social media app, the Wall Street Journal reported, but questions still remain about the feasibility of such a ban in a single state and the potential barrier to enforcing it.

Montana Gov. Greg Gianforte is reportedly seeking amendments to the state’s TikTok ban legislation.

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Key Facts

Gianforte, who is yet to sign the bill following its passage by the state’s legislature, is seeking some major changes to the bill to ensure that the ban does not specifically target TikTok only, according to the Wall Street Journal.

The amendment would expand the bill to cover all social media applications which share critical data with entities deemed to be foreign adversaries.

Citing a spokesperson from the governor’s office, the report adds that the proposed changes seek to address potential legal and technical shortcomings of the bill, while expanding privacy protections “beyond just TikTok and against all foreign adversaries.”

Another proposed change seeks to remove an original provision of the legislation, which would hold mobile platform holders like Google and Apple liable for making the TikTok app available for download on their app stores and fine them $10,000 per day.

If Gianforte signs the bill, the ban will go into effect at the start of 2024.

What We Don’t Know

It’s still not clear how Montana plans to enforce such a ban on TikTok or other apps deemed to be in violation of the newly proposed provisions. Faced with no liability, it is unclear if Google and Apple will choose to remove the app from the storefronts. Even if the app is removed, it is unclear how users who have downloaded the app prior to the ban will be affected. It is also unclear if the blocking of access to the app will fall on TikTok itself, or will internet service providers have to step in. Even if all parties comply, users will still likely be able to easily circumvent a ban by using a virtual private network to spoof their location and access the app.

Key Background

Earlier this month, Montana’s GOP-led House voted 54-43 in favor of the ban, sending the legislation to Giaforte. While banning the app, the state’s lawmakers argued TikTok and its Chinese parent ByteDance posed a threat to the safety of Montana residents and Americans by acting as a “surveillance arm of the Chinese Communist Party.” Days before its passage, the state’s Democratic lawmakers had pushed for amendments, expanding the bill to target all social media companies that share personal information with foreign adversaries, but this was rejected by the Republicans. TikTok has vehemently rejected allegations, arguing that it is “based on nothing more than fears and falsehoods.” Critics of the bill have also warned that it will likely face serious legal challenges, arguing that it violates First Amendment rights.

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Key Facts

What We Don’t Know

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