On Thursday, the Montana Senate made a decision to move forward with a statewide prohibition on TikTok, a social media platform owned by China. The Senate expressed concerns regarding the potential risks to privacy, national security, and public safety associated with the service.
The text of Senate Bill 419, sponsored by Sen. Shelley Vance, R-Belgrade, says the platform’s data collection practices, combined with the potential for that data to be shared with the Chinese government, harm Montanans’ privacy. It also says public safety is jeopardized by how the platform spreads viral challenges such as “taking excessive amounts of medication,” “attempting to climb stacks of milkcrates,” and “cooking chicken in NyQuil.”
“TikTok endangers the safety of Montanans and Americans at large,” Vance said as the bill was debated, referencing investigative reporting on the company’s data management practices. “We know beyond doubt that TikTok’s parent company ByteDance is operating as a surveillance arm of the Chinese Communist Party and gathers information about Americans against their will.”
The bill would add language to state law preventing ByteDance from allowing “the operation of tiktok by the company or users” inside Montana’s “territorial jurisdiction” as long as the platform is owned by a company based in China or another country designated a “foreign adversary” by the federal government. The bill would also prevent companies like Apple and Google from letting users download the platform’s app from their respective app stores.
Under SB 419, a fine of $10,000 can be imposed for each violation of the mentioned requirements. However, app usage by law enforcement, national security interests, and “essential government uses permitted by the governor on the state’s information technology system” are exempted from this fine.
TikTok COO V Pappas criticized the proposed law in a statement reported by NBC Montana, calling proponents’ arguments for the bill “deeply flawed.”
Pappas stated that Montanans visit TikTok daily with the intention of acquiring new knowledge, expressing their creativity, capturing the scenic beauty of Montana, and promoting their businesses. He argued that this legislation severely infringes on Montanans’ freedom of speech and will isolate Montana from the vast TikTok community of 100 million users in the United States.
During the floor debate on Thursday, there were concerns raised by opponents regarding the application of the law to media outlets that incorporate TikTok videos in news articles, as well as users who share post links via email. Consequently, the Senate decided to eliminate a provision from the bill which would have mandated Montana internet service providers to directly block the platform.
Sen. Jeremy Trebas, R-Great Falls, noted that American-owned social media platforms like Facebook also present privacy concerns.
Trebas expressed his understanding of the government’s decision to ban it on sensitive government devices, as it seems logical. However, he believes that extending the ban to the general public is an excessive exercise of authority.
The penalties mentioned in the bill would solely target companies, exempting users, as stated by Vance.
The measure has successfully cleared its final Senate vote with a 30-20 majority, garnering the support of 28 out of 34 Senate Republicans and two Democrats. It will now progress to the Montana House for further deliberation. To be enacted as law, bills must successfully navigate through the Senate, House, and receive approval from the governor.
Montana Gov. Greg Gianforte, a Republican, issued a directive banning the use of TikTok on state-owned devices and networks in December. “Use of TikTok on state devices poses a significant risk to the security of our state and Montanans’ sensitive data,” he wrote at the time.
The Montana University system also blocked access to TikTok on campus networks in January.
