In a groundbreaking move, Montana has become the first US state to impose an outright ban on TikTok after Governor Greg Gianforte signed a bill restricting downloads of the app into law.
The bill, which received approval last month, prohibits app stores from offering TikTok for download and for the company itself to function within Montana’s borders.
In a statement following the law’s passage, Gianforte said: “The Chinese Communist Party using TikTok to spy on Americans, violate their privacy, and collect their personal, private, and sensitive information is well-documented.”
“Today, Montana takes the most decisive action of any state to protect Montanans’ private data and sensitive personal information from being harvested by the Chinese Communist Party.”
Under the ban, app stores would be fined $10,000 per day each time someone “is offered the ability” to download the app.
The penalties, however, do not apply to users, and to law enforcement activities, national security interests and activities, security research activities, or essential government uses allowed by the governor on the information technology system of the state, according to Senate Bill 419.
“Today, Montana takes the most decisive action of any state to protect Montanans’ private data and sensitive personal information from being harvested by the Chinese Communist Party.”
Greg Gianforte, Montana Governor
The state also moved to ban other “foreign adversaries” that the governor says harness Montanans’ personal, private, sensitive information and data. Apps like Tencent-owned WeChat, video editing app CapCut, ByteDance-owned social media app Lemon8, Russia-founded Telegram, and China-based Temu will be banned from government-owned devices in the state, effective June 1.
“Given concerns about the use of such social media applications on state devices to the security of our state and Montanans’ sensitive data, effective June 1, no executive agency, board, commission, or other executive branch entity, official, or employee of the State of Montana shall download or access social media applications that provide personal information or data to foreign adversaries on government-issued devices or while connected to the state network,” Gianforte wrote in a memo to Montana’s Chief Information Officer Kevin Gilbertson and executive agency directors.
The memo also bans any third-party firms conducting business for or on behalf of the State of Montana from using applications with ties to foreign adversaries.
“We want to reassure Montanans that they can continue using TikTok to express themselves, earn a living, and find community as we continue working to defend the rights of our users inside and outside of Montana.”
Brooke Oberwetter, TikTok
TikTok’s spokesperson, Brooke Oberwetter, denounced the bill as “unlawful”.
“We want to reassure Montanans that they can continue using TikTok to express themselves, earn a living, and find community as we continue working to defend the rights of our users inside and outside of Montana,” Oberwetter said.
Montana’s landmark law came just a week after the US state of Florida banned TikTok on government and educational institution devices.
These actions came despite TikTok CEO Shou Zi Chew’s efforts to lobby the US government to keep the ban operating in the US.
ByteDance has spent $13.4 million on lobbying in the US since 2019, according to a recent report by Washington DC-based nonprofit organization OpenSecrets.
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