The Montana Legislature has passed a bill that prohibits the download or use of TikTok within its borders as of 2024, clearing the way for Republican Gov. Greg Gianforte to sign the first-of-its-kind ban in a test case for efforts to outlaw the app across the nation.
The state House voted in favor of the bill, 54 to 43, on Friday after it got through the Senate on Thursday.
Policymakers in both parties have targeted TikTok over national security and privacy concerns related to its Chinese parent company, ByteDance.
Montana, like other states and the federal government, has banned TikTok from government devices, but the new measure goes much further. The bill prohibits people from downloading the app in the state and says, “TikTok may not operate within the territorial jurisdiction of Montana.”
Montana is on track to be the first state to enact a sweeping ban. Under the measure, app stores and TikTok face fines of $10,000 for each infraction and $10,000 for each day the violation continues.
In a statement on the Montana measure, TikTok said accusations of Chinese surveillance are “simply not true.” It said data for its U.S. users is stored on servers in the U.S. and U.S.-based personnel manage access to the data.
“Montana’s bill isn’t about making users safe, it’s about unilaterally restricting the freedom of Montanans based on nothing more than fears and falsehoods,” the company said.
TikTok said it was “especially sorry to the thousands of Montana businesses that use our app to boost sales and find new customers.”
It is unclear whether the state will be able to enforce the ban. Lawmakers have questioned whether users will be able to circumvent the prohibition with virtual private networks, or VPNs, that make it difficult to determine their locations.
The measure would become void if it is superseded by a national ban or if TikTok’s Chinese owners relinquish their stake in the company.
Montana Attorney General Austin Knudsen supported the bill, citing concerns about China.
“Additionally, the app is feeding harmful adult content to children that encourages illegal and dangerous behavior,” said Mr. Knudsen, a Republican.
Mr. Gianforte is expected to sign the bill, given his past support for banning the app on state devices and schools in the state university system.
“The governor will carefully consider any bill the legislature sends to his desk,” Gianforte spokeswoman Brooke Stroyke said late Friday.
TikTok says bans are unfounded and don’t advance U.S. interests. Its CEO failed to assuage congressional lawmakers in both parties at a recent Capitol Hill hearing, though a handful of lawmakers say the anti-TikTok fervor is an overreaction tied to general concerns about China.
As some lawmakers push for a national ban, the Biden administration is eyeing a more limited approach that could involve Chinese owners selling their stakes in the app.
The app is exceedingly popular, especially with young people who like to post silly skits, dances and other content in short videos.
• Tom Howell Jr. can be reached at thowell@washingtontimes.com.
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