Montana bans TikTok, leading to multiple questions

The US government and 38 states have issued such bans and President Joe Biden’s administration is in negotiations with the company to resolve national security concerns. The European Union, UK, Canada, and a handful of other countries have more recently imposed similar bans.

Federal lawmakers have also raised concerns about national security and data security on the platform, but have offered no evidence yet of improper access by the Chinese government.

The bill text—drafted by Montana Attorney General Austin Knudsen—states that the Chinese government can order TikTok to reveal user data including real-time location. The company also doesn’t adequately protect minors from content on the platform, it says, noting that it has promoted dangerous activities including “cooking chicken in NyQuil” and “licking doorknobs and toilet seats to place oneself at risk of contracting coronavirus.”

Constitutionality Questioned

Tech trade group NetChoice, whose members include TikTok, Meta Platforms, Inc., and Amazon.com Inc., called on Gianforte to veto the “unconstitutional” bill in a statement.

“The law sets a dangerous precedent that the government can ban any business it doesn’t like without clear evidence of wrongdoing. The Constitution clearly forbids lawmakers from passing laws that punish specific individuals or businesses and bans Americans from accessing constitutionally protected speech,” wrote NetChoice Vice President and General Counsel Carl Szabo.

NetChoice, which recently launched a litigation center and called the legal system the “battleground for the future of innovation and technology,” did not mention whether it plans to challenge the law when asked for comment.

—Bloomberg News