TikTok Files Lawsuit Against Montana Over User Ban
TikTok, the Chinese application for exchange of short videos, has filed a lawsuit contesting Montana’s new law that prohibits the use of the app in the state. Montana is the first state in the United States to ban the video service popular among young people.
TikTok alleges that the law, which is set to take effect from January 1st, violates the First Amendment of the US Constitution, which guarantees freedom of speech for the company and its users. The law is also said to be contrary to federal law as it intervenes in cases of exclusive federal competence and violates provisions on trade between states and with foreign countries.
TikTok, which is used by over 150 million Americans, is facing growing pressure from US lawmakers and state officials who are urging bans on the app because of concerns over cyberspiration and the possible influence of the Chinese government.
The state of Montana can impose fines of $10,000 for each violation by TikTok and a further $10,000 daily fine for non-compliance with the ban. The law does not provide for punishment for individual TikTok users. It is still unclear how Montana will apply the ban.
Mark Warner, Chairman of the US Senate Intelligence Committee, says that the chances of Montana’s ban being cancelled are high. Warner has submitted a bill to the US President that would give new powers to prohibit or impose restrictions on TikTok and other foreign applications.
TikTok estimates that it has hundreds of thousands of active users in Montana alone, while Montana’s entire population is just over one million people. The company has claimed that it has never transmitted American user data to the Chinese government and has taken significant measures to protect the confidentiality and security of TikTok users.
Last week, five TikTok users from Montana filed a lawsuit in federal court with a request to cancel the state’s ban on the app. Austin Knudsen, Montana’s Attorney General who is responsible for enforcing the new law, is among the defendants in the lawsuit filed by TikTok. Emily Flournoy, Knudsen’s representative, says the office is ready for litigation.