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Social media company TikTok filed a lawsuit Monday to topple Montanas First-in-the-nation ban Referring to the video-sharing app, he argued that the law was an unconstitutional violation of the right to freedom of expression and was based on “unfounded speculation” that the Chinese government could access users’ data.
The lawsuit from TikTok, owned by Chinese tech company ByteDance, follows a lawsuit filed by five last week content creator. They made similar arguments, including that the state of Montana does not have the authority to take action on matters of national security. Both lawsuits have been filed in federal court in Missoula.
Republican Gov. Greg Gianforte signed the bill into law Wednesday, and the content creators’ lawsuit was filed hours later. The law is set to take effect on January 1, but cybersecurity experts say so could be difficult to enforce.
TikTok says so did not share it and would not share it US user data is transferred to the Chinese government and measures are taken to protect the privacy and security of their users, including storing all US user data in the United Statessays the lawsuit.
Some lawmakers, the FBI, and officials from other agencies are concerned about the video-sharing app could be used to allow the Chinese government to access information about US citizens or to disseminate pro-Beijing misinformation that could influence the public.
Under Chinese law, Chinese companies are required to provide data to the government for any purpose they deem relevant to national security. tik tok says this has never happened.
“The Chinese Communist Party is using TikTok as a tool to spy on Americans by collecting personal information, keystrokes, and even the locations of its users — and more broadly, non-TikTok individuals who connect with users can potentially leak information about themselves , without even knowing it,” Emily Flower, a spokeswoman for the Montana Department of Justice, said in a statement.
“We anticipated legal challenges and are well prepared to defend the law that helps protect the privacy and safety of Montaners,” she wrote
The federal government and about half of the US states, including Montana, have banned TikTok from state-owned devices.
Montana’s new law bans TikTok downloads in the state. Any “entity” — an app store or TikTok — would be fined $10,000 a day if someone was “offered an opportunity” to access the social media platform or download the app. The penalties would not apply to users.
Rumors of a TikTok ban have been around since 2020, when then-President Donald Trump sought to executive order the company banned from operating in the United States stopped in federal courts. congress has also considered banning the app about safety concerns.
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