States can't just ban apps, says federal judge.
The judge ruled the state can't stop app stores offering an app.
How would you even enforce a statewide ban? In today's SB Blogwatch, we ponder the great firewall of Montana.
"Paternalistic argument"[In] a blow to an unprecedented attempt to completely restrict a single app within a state's borders, Montana's TikTok ban has now been temporarily halted.
U.S. District Judge Donald Molloy said Montana's TikTok ban "Oversteps state power" and "Likely violates the First Amendment."Molloy said he found the national security case presented against TikTok unconvincing, writing that if anything the Montana law had a "Pervasive undertone of anti-Chinese sentiment." He said state officials justified the Montana ban under a "Paternalistic argument." Lawyers for TikTok argued that the national security threat raised by officials in Montana was never supported by solid evidence.
"Chinese government"This means that for now, ByteDance and app stores are allowed to continue serving TikTok to users within the Montana state.
It was also questionable as to whether Google and Apple could have effectively enforced such a state-wide ban on their app stores.
The bill was originally drafted based on claims that this Chinese app would share US users' personal data with the Chinese government, which ByteDance had long denied.
To date, no other US state has passed a bill to bar TikTok.
The outcome of Montana's case may hold the key to [the] app's fate across the rest of the country.
I hate TikTok as much as the next person, but the last thing I want is states getting to decide what specific and otherwise legal apps I can and can't download. Spare a thought for the poor lawmakers.
TikTok Inc. is a US corporation on paper, [but it] is owned by TikTok Ltd. in the Caymans, which is owned by ByteDance also registered in the Caymans but controlled by Chinese interests - maybe via some Singapore routing too, I forget.
This is separate from the various federal and state bans for employees.
There's no problem with the government banning TikTok on government owned devices or on private devices in work areas of government facilities.
I don't see any way that the government can legally ban TikTok on consumers' private devices.
TikTok is based in China, a totalitarian nation-state and foe of the US. It collects user data and metadata that is sent to servers in China.
Companies must provide access to their servers and any data on them to the government, so it is not a good idea for US government employees to use TikTok-especially if they have a sensitive position.
TikTok is junk but it shouldn't be banned for use on private phones.
This law is ridiculous and Montana would ban the Internet if they could.
The justification for the ban is "To protect residents from alleged intelligence gathering by China"-i.e., a government standing up for privacy rights.
This Cyber News was published on securityboulevard.com. Publication date: Fri, 01 Dec 2023 23:06:57 +0000