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Law selectors, pages, etc.
Montana bans TikTok
By Curt_Anderson
May 17, 2023 10:15 pm
Category: Law

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HELENA — Montana has become the first state to sign into law legislation banning Tiktok from operating within their borders, with Republican Gov. Greg Gianforte signing Senate Bill 419 into law on Wednesday. The ban goes into effect on January 1, 2024.

In a press release, Gianforte said he signed the bill to “protect Montanas’ person, private, and sensitive data” from being gathered by China.

Once the law goes into effect, the Montana Department of Justice will be able to fine app stores or ByteDance — TikTok’s parent company — $10,000 for each discrete violation and $10,000 for each day that a violation continues.

The law only impacts the distribution of the app, it does not have any penalties for TikTok users.

Imho, this law won't withstand a constitutional challenge. It seems to be a clear violation of First Amendment rights.


Cited and related links:

  1. ktvh.com

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Comments on "Montana bans TikTok":

  1. by oldedude on May 18, 2023 9:10 pm
    It's also against the DoD regulation to own or use a HUAWEI phone or have TikTok on your phone. I think state department has the same rule, and my guess is that several other agencies do also. (treasury was making that move when I was there).


  2. by Curt_Anderson on May 18, 2023 10:10 pm
    It makes sense the DOD employees and other federal and state agencies should be able to tell employees that they cannot use TikTok on their government issued phones. That would not be a first amendment violation.


  3. by oldedude on May 19, 2023 5:29 am
    Curt- this was also on private phones.


  4. by oldedude on May 19, 2023 6:05 am
    Curt (et al). The rules for phones are;
    Government phones.
    1. NO apps, software, or additions to the phone may be put on without your agency's approval and them putting it on the phone.
    2. Everything on your government phone is searchable without a warrant. Your phone may be downloaded at any time by your agency, or at the request of another agency, and your agency's approval.

    Personal phones.
    1. Your agency may limit the company and the software. This isn't done often and is because of tracking devices on some apps and is more of a security issue than anything.

    2. IF you use your phone for any government use, it then has the same restrictions as a government phone. You shouldn't mix the two.

    You sign a notice of use to this effect if you get a phone issued to you. Of course it's in legalese and is 2 pages long.


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