Montana’s TikTok ban is a technological nightmare. Experts warn that officials will be extremely difficult to enforce and extremely easy for most people. But more than that, it’s a move that undermines America’s history of promoting an open, democratic internet.
The law, which goes into effect in early 2024, will block TikTok from mobile app stores in Montana while also banning TikTok from operating in the state. It’s a move that brings a bunch First Amendment concernsand may never be enacted if legal challenges prevent it. However, if it continues, experts warn it could be a mess.
“From a technical perspective, even if this were national law, there would be challenges trying to do this,” said John Morris, principal, US internet policy and advocacy at the Consortium. Internet, a non-profit organization that promotes an open internet. But since people can use VPNs to change their browsing location, it’s even harder to secure a local ban. “State boundaries are not something built into the internet.”
The new law is the first to be introduced after years of anxiety in the US surrounding TikTok as a national security risk. That perceived threat looms large because TikTok’s parent company, ByteDance, is Chinese-owned. TikTok has also become one of the most popular apps in the world, with 150 million won users in the US alone.
Montana law requires a $10,000 fine for mobile app stores when they allow people to download or use TikTok. TikTok can also be penalized for operating in the state. Fines will not apply to those who download the app.
The United States has a history of advocating an open internet and criticizing countries that censor online access. China succeeds in mass censorship thanks to its Great Firewall—a system unlike anything in America, and one that Montana could not build on its own. Other countries, including Indonesia And Pakistanbanned TikTok and then rescinded the blocks. India’s TikTok ban, introduced in June 2020, is still valid. Montana, along with other states and the US federal government have blocked TikTok from government devices, but geo-blocking from specific areas in the US will be much more difficult.
An older version of the Montana bill would force internet service providers to block TikTok in the state. But the ISP said it was not possible to do so and the request was dropped. Mobile app providers such as Apple and Google did not respond to requests for comment. And although Montana has now passed legislation banning TikTok, it remains to be seen how they intend to implement it.
Montana officials have suggested the technology to restrict online sports gambling, which is still illegal in more than a dozen US states, could be used to get TikTok out of its borders. If anyone reports a violation, officials will investigate and if the violation has been verified, cease-and-desist letters will be sent to the companies, the state attorney general’s office said. Related press.
