TikTok sues State of Montana for ban

TikTok has filed a lawsuit against the US state of Montana for banning the video-sharing app, alleging that the ‘ban abridges freedom of speech in violation of the First Amendment, violates the U.S. Constitution in multiple other respects, and is preempted by federal law.’

‘This action seeks to prevent the State of Montana from unlawfully banning TikTok,’ according to the lawsuit filed in the US District Court for Montana by the company’s law firm, Covington & Burling LLP.

On 17 May, Montana became the first US state to ban TikTok, saying it was doing so ‘to protect Montanans’ personal, private, and sensitive data and information from intelligence gathering by the Chinese Communist Party.’

Montana Governor Greg Gianforte, who had signed the legislation, also directed state authorities to prohibit the use of all social media applications tied to foreign adversaries on state equipment and for state business in Montana.

The governor said the bill, which becomes effective on 1 January 2024, ‘makes Montana the first state in the nation to ban TikTok and prohibit mobile application stores from offering TikTok within the state.’

TikTok said in its lawsuit that, ‘The State has enacted these extraordinary and unprecedented measures based on nothing more than unfounded speculation. Specifically, the State claims that the government of the People’s Republic of China (“China”) could access data about TikTok users, and that TikTok exposes minors to harmful online content.’

It said, ‘Yet the State cites nothing to support these allegations, and the State’s bare speculation ignores the reality that Plaintiff has not shared, and would not share, U.S. user data with the Chinese government, and has taken substantial measures to protect the privacy and security of TikTok users, including by storing all U.S. user data by default in the United States and by erecting safeguards to protect U.S. user data. TikTok has also implemented safeguards to foster a safe environment for all users, including teens.’

For months, many US lawmakers have been lobbying for the app, which is owned by China’s ByteDance, to be banned on grounds that the personal data of US users is unsafe and can end up in the hands of the Chinese government. 

A growing number of governments, including the United Kingdom and European Union have also banned officials and certain public sector workers from using TikTok on devices issued to them.

TikTok maintains it does not share data with the Chinese government and that it has a project in the works that would store American user data in the US.

https://s3.documentcloud.org/documents/23820566/tiktok-v-montana.pdf

https://www.reuters.com/article/lawyer-deals-tiktok-idUSL1N2FQ26Y