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Social media company TikTok filed a lawsuit Monday to overturn the state of Montana’s first ban on the video-sharing app, arguing that the law is an unconstitutional violation of free speech and based on “baseless speculation” that the Chinese government could. access user data.
The lawsuit from TikTok, owned by the Chinese technology company ByteDance, follows one filed last week by five content creators who made similar arguments, including that the state of Montana does not have the authority to act on national security. Both lawsuits were filed in federal court in Missoula.
Republican Governor Greg Gianforte signed the bill Wednesday and a lawsuit by content creators was filed hours later. The law is slated to take effect on Jan. 1, 2024, but cybersecurity experts say it could be difficult to enforce.
In the complaint, TikTok stated that it does not and will not share US user data with the Chinese government and has taken steps to protect user privacy and security, including storing all US user data in the United States.
The AG’s office is prepared to defend the new law
Some lawmakers, the FBI and officials at other agencies are concerned that video-sharing apps could be used to allow the Chinese government to access information about U.S. citizens or push pro-Beijing misinformation that could influence the public.
Chinese law forces Chinese companies to share data with the government for any purpose deemed to include national security. TikTok says this has never happened before.
“The Chinese Communist Party is using TikTok as a tool to spy on Americans by collecting personal information, keystrokes, and even the location of users – and by extension, people without TikTok affiliated with users may have information about themselves shared without their knowledge. Emily Flower, spokeswoman for the Montana Department of Justice, said in a statement.
“We anticipate legal challenges and stand ready to defend laws that help protect the privacy and safety of Montanans,” he wrote.
Up to Speed6:40 a.mWhat should we worry about TikTok and data security?
Brandon University professor Gautam Srivastava joins CBC’s Laurie Hoogstraten to explain how to protect data when using TikTok and other social media platforms.
The federal government and about half of US states, including Montana, have banned TikTok from government-owned devices.
Montana’s new law bans TikTok downloads in the state. It will seek any “entity” – an application store or TikTok – $10,000 US per day for each person “offered the ability” to access the social media platform or download the application. Penalties will not apply to users.
Talks about banning TikTok have been around since 2020, when President Donald Trump tried to ban the company from operating in the US through an executive order that was halted in federal court. Congress has also considered banning the app due to security concerns.
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