In a groundbreaking move, the state of Montana has officially become the first in the United States to pass a law banning the popular video-sharing app TikTok. Governor Greg Gianforte signed the prohibition into law on Wednesday, marking a significant milestone in the ongoing debate surrounding the app’s impact and security.
This state-level ban is expected to serve as a legal litmus test for a potential national ban on TikTok, an issue that is gaining traction among lawmakers in Washington. The law, set to take effect next year, asserts that TikTok may not operate within Montana’s territorial jurisdiction, as stated on the official state website.
According to the newly enacted legislation, it will be considered a violation each time a user accesses TikTok, is offered the ability to access TikTok, or is offered the ability to download the app. The penalty for each violation is a hefty $10,000 fine, which will be imposed on a daily basis for as long as the violation persists.
Furthermore, the law mandates that tech giants Apple and Google remove TikTok from their app stores, placing an additional burden on these companies. Failure to comply with the ban may result in daily fines for the noncompliant organizations.
It comes as no surprise that this ban is likely to face legal challenges and potential lawsuits in the future. Critics argue that state political leaders have trampled on the free speech rights of the hundreds of thousands of Montanans who utilize TikTok to express themselves, gather information, and run their small businesses.
Keegan Medrano, the policy director of the ACLU Montana, voiced concerns, accusing the ban of being driven by anti-Chinese sentiment.
While the ban is scheduled to go into effect in 2024, an interesting provision within the law states that it will be rendered void if TikTok is acquired by a company incorporated in a country not designated as a foreign adversary by the United States.
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