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TikTok is now banned in Montana

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Re: TikTok is now banned in Montana

#131

Slightly off topic - I'm not sure I've heard the gov stating it plainly in the recent years: "the People's Republic of China is an adversary of the United States" (from the bill). Did I just miss it / glance over, or is this out of character for officially released gov documents?

The state of Montana doesn't speak for the federal government.

Federal gov employees also can't use tiktok on any device that is in the general vicinity of gov property.

Re: TikTok is now banned in Montana

#132

Earlier quoted context omitted.

Countries have the right to ban foreign adversaries. US companies are a different problem with different solutions.

Do states ? (edit - oops, see correction below) There's nothing in this law that would unban TikTok if its ownership were transferred to a US corporation.

Yes there is. It's right there in section 4.

Re: TikTok is now banned in Montana

#133
post #99

One underappreciated aspect of this is ban is that anyone who wants Tiktok will just go download it in Wyoming or Idaho etc, as it seems to be merely a ban on downloading the app, and not a ban on Tiktok traffic itself. So the ban will have near zero actual impact in practice (even if it somehow makes it into effect). Furthermore, it's unclear if the web app of Tiktok will be affected, or if it's only a ban on the mo…

Last I heard, there was a "per use" fine for usage as well. Honestly, I haven't looked at this farce of a bill since it was first introduced. EDIT: S1: An entity violates this prohibition when any of the following occurs within the territorial jurisdiction of Montana: (a) the operation of tiktok by the company or users; or (b) the option to download the tiktok mobile application by a mobile application store.

"An entity" is defined as either TikTok, or an app store. Individuals can not violate this statute.

Re: TikTok is now banned in Montana

#134

Slightly off topic - I'm not sure I've heard the gov stating it plainly in the recent years: "the People's Republic of China is an adversary of the United States" (from the bill). Did I just miss it / glance over, or is this out of character for officially released gov documents?

I wonder how many Chinese-manufactured goods the state of Montana bought yesterday while issuing this statement.

Can state how your wondering is relavant or what argument or point you are alluding to?

Re: TikTok is now banned in Montana

#135

Earlier quoted context omitted.

Last I heard, there was a "per use" fine for usage as well. Honestly, I haven't looked at this farce of a bill since it was first introduced. EDIT: S1: An entity violates this prohibition when any of the following occurs within the territorial jurisdiction of Montana: (a) the operation of tiktok by the company or users; or (b) the option to download the tiktok mobile application by a mobile application store.

Does a state even have a right to do something like this? Somehow, I feel like if California tried to ban Fox News - it would not fly. This doesn't seem that different, though I personally find it amusing that it's coming from a conservative state. I do agree TikTok is toxic trash - but I'd say the same about Fox News - and it just doesn't seem like something a state has the ability to ban.

Maybe, maybe not. The courts will decide. To those saying it's obviously unconstitutional, remember that the constitution is whatever five people on the Supreme Court says it is.

Re: TikTok is now banned in Montana

#136

Earlier quoted context omitted.

Refers to a separate ban - just a gubernatorial directive - that bans TikTok from government devices: > Last December, Gianforte banned TikTok on state government electronic devices. On Wednesday, he added that the ban would expand to include "all social media applications that collect and provide users' personal information or data to a foreign adversary, or a person or entity located within a country designated as…

Hmm. It doesn't identify which ban, a good point.

[deleted]

Re: TikTok is now banned in Montana

#139

The actual legislation: https://leg.mt.gov/bills/2023/billpdf/SB0419.pdf Seems facially unconstitutional. Will maybe force a proper court decision on whether the Bills of Attainder clause applies to corporations. Why are legislators so focused on banning TikTok, rather than regulating whatever it is that TikTok does that they don't like? Don't like data about your constituents being in the possession of a company wit…

> Why are legislators so focused on banning TikTok, rather than regulating whatever it is that TikTok does that they don't like?

Because a foreign company succeeded in the US. If Tiktok had simply done what the US wanted, and done a fire sale to a US company, Tiktok would be welcomed with open arms and there isn't a privacy violation the company could commit that would get it into real legal trouble. Tiktok would be deeply embedded in society and not having it would be like not having a telephone number.

The Tiktok situation is what US companies face around the world when they enter a foreign market and dominate (see: Facebook/Google and GDPR, or Apple being forced to allow other app stores on the iPhone by the EU). Those countries suddenly discover they have principles and vigorously enforce them. This is just the first time that the US has been walloped so badly in this game that it's been forced to discover principles, too.

Regulating what Tiktok does that they don't like is too hard, we might end up harming US companies that do the exact same things. So the lazy workaround is to make noise about the principles but then just target the company directly.

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