Companies will continue to harvest and monetize personal info and make it widely available to purchasers, thieves, and foreign actors." This ban won't protect Montana residents' private data. "It is a blatant violation of the First Amendment, whether it's done by Congress or Montana.
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"This unconstitutional ban undermines the free speech and association of Montana TikTok users and intrudes on TikTok's interest in disseminating its users' videos," the organization said in a statement. Far less certain is whether the perceived danger TikTok poses to national security would override the free speech protections.ĭigital rights groups, including the Electronic Frontier Foundation, do not see TikTok as a national security risk and are sounding the alarm about the Montana law. Legal experts say that, while the First Amendment does protect free expression on TikTok, the government can restrict speech if there there is a risk to national security, such as if online speech is providing support to terrorists. "The ban could hit many people who shouldn't be affected." If you're near a state border, and your phone pings a cell phone tower inside of Montana, it might look like you're in Montana when you're not," he said. That said, there would be loopholes, like using a virtual private network, or VPN, a service that can be used to sidestep internet restrictions, Entner said. "So of course Apple and Google can prevent Montana residents from accessing TikTok." "If they can prevent you in China from accessing Google, that's the same thing," Entner said.
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Representatives from Apple and Google have not commented on the law, but cybersecurity experts say there are a few ways the companies could comply.Īpple and Google could block TikTok from all accounts that have billing addresses in Montana, said Roger Entner, a telecoms analyst at Recon Analytics.Įntner said the companies could also prevent all IP addresses located within Montana's borders from being able to download TikTok from app stores.
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