TikTok, the popular video service, has filed a federal lawsuit against Montana over a recently passed state law that would ban the app in the state. The lawsuit was filed in the United States District Court for the District of Montana and aims to prevent the state from unlawfully banning TikTok. Lawyers for the app’s parent company, ByteDance, argue that Montana’s ban violates the First Amendment and the US Constitution, and is preempted by federal law.
The Ban
Montana became the first US state to ban TikTok last week, alleging that the Chinese government can use the app for intelligence-gathering operations. The ban is due to come into effect on January 1, 2024, and when it does, Apple and Google’s app stores will not be legally allowed to offer TikTok to users in Montana. However, it is unclear how these companies will be able to implement the ban.
Montana Governor Greg Gianforte has described the ban as an “important measure” intended to protect Montanans from Chinese Communist Party surveillance.
TikTok’s Response
TikTok disputes Montana’s allegations that the Chinese government can access data about TikTok users and that the app exposes minors to harmful online content. The lawsuit argues that the state has provided no evidence to support these claims and that TikTok has taken substantial measures to protect the privacy and security of its users. The app stores all US user data by default in the United States and has erected safeguards to protect this data.
TikTok’s Controversies
TikTok has faced criticism from US lawmakers over its alleged ties to the Chinese government. The app’s CEO, Shou Zi Chew, faced tough questioning from politicians in March and attempted to alleviate their concerns by highlighting the company’s work with US tech giant Oracle to develop infrastructure in Texas intended to store and process people’s data in the country.
With this lawsuit, TikTok hopes the court will find Montana’s ban unconstitutional and preempted by federal law.
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