Montana Poised To Pass TikTok Ban—Here’s How Restrictions Would Work

Topline

The Montana House is expected to approve a bill Friday that will ban TikTok in the state, the first of its kind in the U.S., over data privacy and national security concerns—as bipartisan support to ban the social media app nationwide has accelerated in recent months.

The Montana state House will vote Friday to approve a ban on TikTok.

Key Facts

Montana’s Republican-led House will vote to approve the bill Friday following approval by the state Senate last month, after Republican state senators called for a ban over concerns the app “gathers information about Americans against their will.”

The bill prohibits all Montana residents from downloading TikTok from mobile app stores, but does not specify how residents whose internet connection comes from outside the state would be affected.

Any app store that still allows TikTok to be downloaded—effective January 1, 2024—will be fined $10,000 per day the app is still available, according to the bill, which becomes void if TikTok’s China-based owners decide to sell their stake in the company or if Congress passes a similar ban.

A penalty will also be imposed for any “discrete violation” of the bill, which includes any time a user accesses TikTok or is “offered the ability” to access the app—though a process for monitoring these violations was not included.

Democratic Rep. Zooey Zephyr argued Montana residents could use virtual private networks to disguise their location and download TikTok, according to the New York Times.

An amendment was proposed by Rep. Katie Sullivan (D) that would “protect Montanans from all abusive social media companies” by broadening the bill to include any social media app that gathers user data—though Republicans voted against the amendment and argued the bill should specifically target TikTok.

Crucial Quote

Montana Attorney General Austin Knudsen supported the bill and said TikTok “poses a threat to every Montanan who has the app on their devices,” adding he believes the app “is feeding harmful adult content to children that encourages illegal and dangerous behavior.”

Chief Critic

In a statement, TikTok said the bill “isn’t about making users safe, it’s about unilaterally restricting the freedom of Montanans based on nothing more than fears and falsehoods.” The company added the reasoning behind the bill’s inception is “simply not true” because it stores all U.S. user data on U.S.-based servers. Both TikTok and Montana business owners also argued the bill will hurt small businesses that use the platform to promote their products. The American Civil Liberties Union of Montana wrote the bill violates the First Amendment rights of “hundreds of thousands of Montanans.”

What To Watch For

If the vote passes, the bill will be sent to Gov. Greg Gianforte (R), who will likely sign the bill after he voiced support for TikTok bans earlier this year.

Key Background

A proposal to ban TikTok outright was first introduced by former President Donald Trump in 2020, though his effort was revoked by the Biden Administration the following year. A majority of states—including Montana—have banned TikTok on government-issued devices, after reports indicated the app can track user keystrokes and monitor the location of American citizens. Congress issued a similar ban in December, and some Congress members have since argued for a larger ban on the app. Federal regulators reportedly threatened to ban the app in the U.S. unless TikTok’s China-based owners sold their stake in the company—a proposal the Chinese government and TikTok have opposed.