TikTok obtains injunction and avoids ban in Montana, USA – 12/01/2023 – Tech

A federal judge in Montana granted an injunction on Thursday (1st) so that TikTok continues to have access available in the US state. The measure responded to the company’s appeal against a state ban that would come into force on January 1, 2024, an unprecedented measure in the country.

The TikTok ban was announced by Montana Governor Greg Gianforte on May 16, under the claim of “protecting Montanans from surveillance by the Chinese Communist Party.”

Judge Donald W. Molloy said Montana could act as a leader in protecting its residents from harm, but that it must “act within the constitutional legal context” and granted a preliminary injunction in favor of the video app.

He said a ban on the Chinese company likely violated the First Amendment and a provision that gives Congress the power to regulate trade with foreign nations.

“The current text leaves little doubt that the Montana Legislature and Attorney General were more interested in targeting China’s overt role in TikTok than in protecting the citizens of Montana,” Molloy said in the ruling. He added that Montana’s “incursion into foreign affairs interprets the current foreign policy interests of the United States and interferes with them.”

Alex Haurek, a TikTok spokesperson, said the company was “pleased the judge rejected this unconstitutional law and hundreds of thousands of Montana residents can continue expressing themselves, making a living and finding community on TikTok.”

Emilee Cantrell, a spokeswoman for the Montana Department of Justice, said Molloy had “indicated several times that the analysis could change as the case progresses.” She said the state should appeal the decision.

TikTok, owned by Chinese company ByteDance, has been embroiled in a legal battle with Montana since state lawmakers passed a bill banning the app in April. Gianforte signed the project in May.

Lawmakers said the ban would protect residents’ data from the Chinese government, significantly escalating a nationwide effort to ban TikTok on government-owned devices.

TikTok says it does not share U.S. user data with Beijing authorities and has called the law overly broad and unconstitutional. The fight has been closely watched by free speech advocates, technology groups and policymakers seeking to restrict the app in other states and nationally.

Federal judges have temporarily blocked a California children’s online privacy law, an Arkansas law that requires parental consent for minors to create some social media accounts and a Texas law that restricts access to online pornography.

While Thursday’s ruling is preliminary, Jeff Kosseff, associate professor of cybersecurity law at the Naval Academy, said the judge likely won’t uphold Montana’s ban at a later date.

“I think that, given the judge’s reasoning, this makes me seriously doubt that there would be any other result later on,” he said.