The idea that TikTok could be banned is not new, and even the federal government is considering taking such action against the social video app. While some states have banned the app from government devices, no state has ever attempted to formally ban TikTok.

Montana Governor Greg Gianforte signed a bill banning TikTok in his state and announced the news on Twitter. According to the tweet, the app was banned to "protect Montanans' personal information and private data from the Chinese Communist Party."

According to CNN, the bill was voted on by the Montana House of Representatives and passed 54-43. The bill specifically targets TiKTok and prohibits the app from operating within state lines. It would take effect on January 1, 2024, and "entities" would risk fines of up to $10,000 per day.

This apparently includes TikTok itself and the app store that hosts the app. This means that companies like Google and Apple will be forced to comply, and Montanans may not be able to download the service. The penalties would not apply to users, so they would not be forced to remove TikTok or risk fines by installing it in other ways, such as sideloading on Android or using a VPN.

The bill almost included the ban on apps "tied to foreign adversaries" that Gianforte had intended, but apparently he was not sent the bill before he proposed his amendment.

Not surprisingly, TikTok objected to the ban, telling CNN that such a ban is illegal and violates the First Amendment rights of Montana residents. While an altruistic viewpoint is laudable, it is unlikely that TikTok will naively accept this attack on its operations and business capabilities. At the very least, it will set a precedent for future bans.

The ACLU has also criticized the bill, arguing that the ban "tramples on the free speech rights of hundreds of thousands of Montanans who use the app to express themselves, gather information, and run small businesses in the name of anti-China sentiment."

TikTok is owned by the Chinese company ByteDance, which has drawn criticism over its ties to China. There are concerns that the Chinese government may have access to user data and spy on U.S. users in the process. Montana is not alone in going after social media apps.

Last year, FCC commissioners tried to get Google and Apple to pull TikTok from their app stores. The U.S. Senate and House of Representatives also introduced bills late last year to ban TikTok in the United States. More recently, the Biden administration is considering a recommendation from the Committee on Foreign Investment in the United States (CFIUS) to ban the app unless ByteDance sells its stake in the company. The Committee on Foreign Investment in the United States (CFIUS) is charged with investigating cross-border investments and how much risk they pose to national security.

Concerns about user data being accessed in China are not entirely unfounded. Last June, Buzzfeed reported that Bytedance may have induced U.S. government officials on how to handle U.S. user data, and further investigation has revealed that Chinese engineers control data access and that the Chinese government may have had access to the data. U.S.-based security was supposed to be in charge of handling this data.

There is also concern that the Chinese government could misuse TikTok as a propaganda tool.

Whether Montana's ban would hold up in court is another matter entirely. TikTok is not alone in criticizing the ban as a violation of free speech protected by the First Amendment. Court battles are usually long and drawn out, so don't expect a quick resolution.