Montana’s unprecedented state-wide ban of Chinese short-video app, TikTok, was supposed to take effect on January 1, 2024. However, US District Judge Donald Molloy issued a preliminary injunction just one month ahead, effectively blocking the ban. This pivotal decision allows ByteDance and app stores to continue offering TikTok to Montana users without facing a hefty daily fine of $10,000 from the ban’s intended start date.
👨⚖️ Judge Questions Ban’s Constitutionality
Judge Molloy’s ruling reflects concerns over state power and user rights, echoing legal challenges by TikTok creators and ByteDance.
The judge was quoted saying the ban “oversteps state power and infringes on the constitutional rights of users.” This sentiment echoes the legal challenge filed by five TikTok creators the day after the bill was signed in May, and another lawsuit by ByteDance later that month. Questions also arose about whether tech giants like Google and Apple could effectively enforce such a state-wide ban on their app stores.
A US judge blocked Montana's first-of-its kind state ban on the use of TikTok from taking effect on Jan. 1 https://t.co/j2vh9fbPC2 pic.twitter.com/Mb69Gr3334
— Reuters (@Reuters) November 30, 2023
🔒 Data Privacy and International Tensions
The controversy centers around claims of data sharing with the Chinese government, which ByteDance has consistently denied.
The bill was drafted amid claims that TikTok could share US users’ personal data with the Chinese government, allegations ByteDance has denied since Donald Trump’s presidency. “TikTok US user data is stored in the US, with strict controls on employee access,” the company stated in August 2020. This stance was reinforced this year with “Project Texas,” a transparency initiative designed to safeguard US user data in collaboration with Oracle.
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🇺🇸 Nationwide Implications of Montana’s Ruling
With no other state passing a similar bill, Montana’s legal outcome may significantly influence TikTok’s operations across the US.
To date, no other US state had passed a bill to bar TikTok. The outcome of Montana’s case may hold the key to this Chinese app’s fate across the rest of the country, potentially setting a precedent for digital rights and state authority over internet content.
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