Under this understanding, the app stores as well as those responsible for TikTok could face fines of up to $10,000 per day and more for each time they are infringed. The law counts the following actions as an infringement: “Every time a user uses TikTok, every time they are offered the possibility to access TikTok and every time they are offered the possibility to download TikTok.” Is performed”.
Given the terms, critics of the new Montana law claim that the rules violate the First Amendment to the United States Constitution, which prohibits the making of any law that, among other things, limits freedom of speech or freedom of the press. violates liberty. , or, which limits the right to access information.
There will be many technical loopholes in compliance with the law. In theory, it would be nearly impossible for companies like Apple and Google to block access to TikTok in any one state. Additionally, the law does not specify how the government can track when a user accesses or downloads an app in its territory.
The law is expected to be flouted not only by TikTok, but also by other companies like Google and Apple, which are also involved. These loopholes in the law can be more than enough to challenge it before a higher authority.
Montana is not only going for TikTok, could be the next Telegram
For now, nothing is clear and the only thing certain is that TikTok could be the first of a handful more platforms that Montana is looking to drive out of its territory. Along with the TikTok ban, Governor Greg Gianforte banned the use of Telegram, WeChat and Teemu as well as any other apps “linked to foreign adversaries” on government equipment.
Using arguments similar to those used in the TikTok ban, Montana’s new policy, which will take effect June 1, considers devices that may not have such applications “all cell phones, laptops, tablets, desktop computers and other State-issued devices that connect to the Internet.” This prohibition also extends to equipment from “any third-party company doing business for or on behalf of the State of Montana.”
It is too early to determine the true implications of the sanctions imposed by the Montana government. Nor can it be said with certainty that both rules are fully applicable under the conditions now in force.
One fact is that the TikTok ban in Montana may demonstrate the challenges the US federal government will face if it decides to enact a similar law for the entire US territory.
Let’s remember that the United States Congress is now evaluating a bill to mandate the use of TikTok, at least in the entire country. In addition to considering alternative legislation (known as sanctions legislation) that would allow the government to operate access to many more applications and technology products controlled by foreign adversaries.
