On a picturesque summer day, Austin Knudsen, the attorney general of Montana, embarked on a short journey from the state’s capital, Helena, to the small town of Boulder. Known for its highway border patrol, Boulder is home to the Windsor, a local haunt that Mr. Knudsen frequents for its delectable steak and burgers. As he enjoyed his meal and the sounds of country music, Mr. Knudsen addressed why he had involved himself and Montana in a battle between geopolitical superpowers.
In May, Montana passed a groundbreaking law, drafted by Mr. Knudsen’s office, to ban TikTok. This law, set to take effect in January 2022, outpaces Washington, D.C., where officials have only made empty threats about restricting the app. The concerns stem from TikTok’s ownership by ByteDance, a Chinese company, raising fears that private user data could be exposed to Beijing.
However, the ban has sparked a legal showdown, pitting Montana and Mr. Knudsen against powerful tech companies and free speech groups. Locals have also questioned the wisdom of the ban and the state’s decision to take on this battle. TikTok, a massively popular app in the United States, maintains that it poses no national security threat and follows industry-standard data collection practices. The company and a group of creators in Montana argue that the ban infringes on their First Amendment rights and intrudes on the federal government’s authority over foreign affairs and national security.
Opposition to the ban has grown, with legal filings from organizations such as the American Civil Liberties Union and the Computer & Communications Industry Association. These filings state that the Montana law is unconstitutional. While individuals will not face penalties for using TikTok under the law, TikTok itself could be fined. Apple and Google could also face fines if they continue to offer TikTok on their app stores in Montana.
Mr. Knudsen acknowledges that the path ahead will be challenging. He views the ban as the result of years of careful examination of the app and anticipates defending it for years to come, possibly even to the U.S. Supreme Court.
Austin Knudsen, Montana’s attorney general, is the fifth-generation Montanan. He grew up on a farm and cattle ranch in Culbertson, a small town in the state’s northeast corner. Despite being a prominent Republican politician, he is not a fan of the hit TV show “Yellowstone,” which features a fictional attorney general from Montana. With an educational background in law from Montana schools, Mr. Knudsen’s political career flourished over the past decade. Along with his state responsibilities, he has long had concerns about China, making him a China hawk.
Mr. Knudsen’s scrutiny of TikTok began in early 2022 after residents alerted him to the app’s extensive data collection practices compared to similar services. This prompted an investigation into whether TikTok’s practices violated state law. When ByteDance provided minimal, unsatisfactory responses, Mr. Knudsen decided to take action. It was around this time that the Pentagon reported a Chinese spy balloon over Montana, adding weight to concerns about TikTok’s data collection potentially serving purposes unrelated to the app.
TikTok has argued against any connection between the spy balloon and its data collection practices. Nevertheless, the bill to ban TikTok made its way through the Republican-controlled state legislature, receiving the governor’s approval in April.
Despite Mr. Knudsen’s efforts, the worries about China have not gained widespread support in Montana, particularly among TikTok fans and small business owners. Many view the ban as unnecessary and a distraction from more pressing local issues. Skeptics argue that the ban will only benefit lawyers, leaving taxpayers to foot the bill.
In summary, Montana’s attorney general has embarked on a bold mission to ban TikTok, drawing attention and legal challenges from major tech companies, free speech advocates, and locals alike. The road ahead is expected to be long and arduous, with the ban possibly making its way to the U.S. Supreme Court.
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