In addition to the technical difficulties of banning an app in a specific geographic location, the law, SB 419, likely violates Montana residents’ First Amendment rights. Here's more.
Neither the US government nor Montana has provided concrete evidence that China is siphoning American user data from TikTok. And that’s a major problem for the new law. “Speculative harms can't justify a total ban on a communications platform, let alone one that is used by...Americans in the state of Montana,” said Krishnan.
“First look at passing a federal privacy law…to ensure that there are specific limits and rules for the road of how any online service, TikTok included, can collect and use and share people's personal information,” Emma Llansó, director of the Center for Democracy and Technology's Free Expression Project told Yahoo Finance.
According to Llansó, the government could also put restrictions on how data brokers in the US share Americans’ information.
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