A group of TikTok users have filed a lawsuit in federal court to block Montana’s move to ban the Chinese-owned video-sharing platform – as experts slam the US state for “undermining citizens’ digital rights.”
The lawsuit comes after Montana Governor Greg Gianforte signed legislation to ban TikTok from Google and Apple app stores on Wednesday. The ban is set to become into effect on 1 January 2024.
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Five users of the app, all of whom are based in Montana and create content on the platform, are arguing that the state is pushing to “exercise powers over national security that Montana does not have and to ban speech Montana may not suppress.”
Filed late on Wednesday in Montana’s US District Court, the lawsuit names Austin Knudsen, Montana’s attorney general.
The lawsuit states that all five users are using TikTok to create content in a commercial way; including a man who created comedic videos and earns money from the content.
The landmark ban in Montana comes as US lawmakers are increasingly pushing for a complete ban of TikTok in the country – over fears of Chinese interferance and surveliance.
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By GlobalDataTikTok, owned by Chinese company ByteDance, has over 150m users in the US.
“Montana can no more ban its residents from viewing or posting to TikTok than it could ban the Wall Street Journal because of who owns it or the ideas it publishes,” the lawsuit read.
Montana’s TikTok ban has been met with criticism from industry insiders who feel that it shows a lack of understanding of digital privacy and infringes on digital rights.
“The news of the Montana TikTok ban highlights once again, that many legislators do not understand that digital privacy is about much more than simply banning platforms,” Lauren Hendry Parsons, privacy advocate at ExpressVPN, told Verdict.
She added: “It’s yet another data point building towards a troubling trend of US states undermining citizens’ digital rights.”
Muhammad Yahya Patel, lead security engineer at Check Point, agrees that the ban “has raised serious questions about freedom of expression and the right to privacy.”
Patel believes it also raises concerns about how users could try and find alternate routes to download the app if the legitimate ways are taken away.
“Another considerable concern is that removing access from legitimate app stores will only force people to find alternative routes through third-party services, adding an unnecessary level of risk,” Patel told Verdict.
The security engineer predicts that copy-cats of TikTok could begin to emerge after the ban, which increases the risk of viruses spreading.
“We will no doubt see fake versions of TikTok appearing in response to the ban, with the potential to spread malicious viruses far and wide,” he said.
GlobalData is the parent company of Verdict and its sister publications.
