This Wednesday (17), the governor of Montana (USA) Greg Gianforte signed a bill Banning TikTok from operating in the US state. The project requires mobile application stores to make the application accessible to the residents of the site and imposes fines in case of non-compliance with the rule.

This is the first ban of its kind in the United States, marking a new phase of the internet where government forces seek regulation of social networks and erect barriers in the name of security. However, it is not yet clear whether the law, which is expected to come into force in 2024, will be implemented one day.

In response to the ban, TikTok spokesperson Brooke Oberwetter tweeted that the bill violated the basic rights of Montana people by illegally banning TikTok, “a platform that empowers hundreds of thousands of people across the state.”

“We want to reassure Montanans that they can continue to use TikTok to express themselves, earn a living, and find community, while we continue to work to defend the rights of our users inside and outside of Montana,” Oberwetter said.

What does the TikTok ban say?

Bill SB 419 states that TikTok cannot operate within the “territorial jurisdiction” of the state of Montana. Additionally, mobile app stores will be banned from making the platform downloadable and could be fined $10,000 per day per violation. However, no penalty is imposed on TikTok users.

An earlier version of the bill prohibited internet service providers from allowing people to access the app, but that part was left out of the final text. Thus, there is uncertainty in the restriction as the regulation does not specify whether users will be allowed to access TikTok’s web interface or whether stores will be responsible for downloaded apps.

Is the ban legal?

The ban is an unprecedented restriction on Americans’ Internet access. By signing the PL, the governor justified his decision to “protect the personal and private data of Montana residents from the Chinese Communist Party.” However, to date, it has not been proven that the company shared user data with the Chinese government.

Another reason mentioned in the text is that TikTok exposes its users to dangerous hardships, such as the case of the 13-year-old who died due to the Benadryl Challenge. While this is true, other platforms like YouTube and Snapchat did this before TikTok and it was never banned in the US.

The text itself indicates that the concern is not about protecting its users, but because it is a Chinese company. If TikTok is sold and cuts ties with its parent company, ByteDance, the bill will automatically become void unless the new owner is located in a “foreign hostile” country.

Source: Tec Mundo

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