TikTok Inc., a leading social media company, has filed a lawsuit challenging the first-in-the-nation ban on the video sharing app imposed by Montana. The company argues that the ban violates free speech rights and is based on unfounded speculation about the Chinese government’s access to user data.
This lawsuit comes after a group of content creators filed a similar lawsuit against the state of Montana, claiming that it lacks authority to address national security matters. Both lawsuits were filed in federal court in Missoula.
TikTok, which is owned by Chinese tech company ByteDance, asserts that it has not and would not share U.S. user data with the Chinese government. The company has taken measures to safeguard user privacy and security by storing all U.S. user data within the United States.
Some lawmakers and officials have expressed concerns that TikTok could be used as a means for the Chinese government to access information on U.S. citizens or spread pro-Beijing misinformation. However, TikTok denies that any such data sharing has ever occurred.
Montana’s new law, signed by Republican Governor Greg Gianforte, prohibits the downloading of TikTok in the state. Violations of the law could result in fines of up to $10,000 per day for app stores or TikTok itself. The penalties do not apply to individual users.
The federal government and several U.S. states, including Montana, have already banned TikTok from government-owned devices.
Efforts to ban TikTok have been ongoing since 2020, with former President Donald Trump issuing an executive order to prohibit the app’s operation in the U.S. However, these attempts have been halted in federal courts. Congress has also considered banning TikTok due to security concerns.
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