The GOP-controlled legislature in Montana has given final approval to a bill that would ban the popular social media app TikTok from operating in the state. The move, which is expected to face legal challenges, could serve as a testing ground for the TikTok-free America that some national lawmakers envision due to concerns over potential Chinese spying.
The measure, which was passed by a 54-43 vote, goes further than prohibitions already in place in nearly half of all states, as well as the US federal government, which prohibit TikTok on government-owned devices. Montana would be the first state to have a total ban on the app if the bill is signed into law by Republican Governor Greg Gianforte.
However, TikTok has promised to challenge the bill’s constitutionality. A spokesperson for the company stated that the supporters of the bill “have admitted that they have no feasible plan” to enforce the ban and accused the government of overreach. The spokesperson also said that TikTok would continue to fight for the rights of users and creators in Montana.
TikTok, which is owned by the Chinese tech company ByteDance, has been under intense scrutiny over concerns that it could hand over user data to the Chinese government or push pro-Beijing propaganda and misinformation on the platform. Leaders at the FBI and the CIA, as well as numerous lawmakers from both parties, have raised concerns over this, but no evidence has been presented to prove that it has happened.
Supporters of the ban point to two Chinese laws that compel companies to cooperate with the government on state intelligence work. They also cite incidents such as a disclosure by ByteDance in December that it had fired four employees who accessed the IP addresses and other data of two journalists while attempting to uncover the source of a leaked report about the company.
Congress is currently considering legislation that would give the Commerce Department the ability to restrict foreign threats on tech platforms, though it does not specifically target TikTok. The bill has received pushback from privacy advocates, right-wing commentators, and others who say that the language is too expansive.
