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A proposed TikTok ban from a Republican senator poses a “unique legal question,” Montana’s Attorney General said Tuesday while testifying in support of the bill.
The House Judiciary Committee on Tuesday held a hearing on Senate Bill 419, which would ban users from operating the app in Montana, as well as prohibit app stores like Apple and Google from providing it. A violation by those providers under the proposed law could land them a state-imposed fine of $10,000 per day.
Gov. Greg Gianforte has already already banned TikTok from state devices and Attorney General Austin Knudsen opened an investigation a year ago into potential consumer trade practice violations by the Chinese company. Congress and officials from countries around the world are debating efforts to restrict access to the massively popular app owned by the Chinese company ByteDance, citing concerns the company’s collected user data may be used to gather information by the Chinese government.
Gov. Greg Gianforte and Attorney General Austin Knudsen attend a Montana Meth Project event in the State Capitol on Monday, Jan. 30, 2023.
Knudsen said Montana could pioneer the ban at a state level, while Congress’ effort, though bipartisan, is largely “saber-rattling.”
“I think Montana has an opportunity here to be a leader,” he told the committee.
Whether the statewide ban would be effective or not appeared to be on less-than-solid ground following Tuesday’s hearing. Rep. Zooey Zephyr, D-Missoula, noted someone could still pull up TikTok’s website on their laptop, or use a virtual private network (VPN) to access the app on their phones.
Zephyr asked Knudsen why focus on TikTok, considering the personal data harvested by other social media apps or smartphones themselves.
Montana Attorney General Austin Knudsen answers questions from Rep. Zooey Zephyr, D-Missoula, on a proposed TikTok ban.
“I think this is a unique legal question and I think this is a unique legal situation,” he told Zephyr during Tuesday’s hearing. “Certainly, I have concerns about other social media companies collecting data, I have concerns about privacy, I have concerns about personal data of Montanans being collected by other companies. I think the discreet difference here is that those are U.S. companies and from a legal standpoint I think that puts us in a lot different situation.”
Zephyr asked Knudsen to clarify his stance on U.S.-owned companies versus those owned by foreign countries. The attorney general responded he did not appreciate any social media company from any country extracting personal data, but a Chinese-owned company was in its own class.
“I think from a legal standpoint, and from a First Amendment standpoint, we’re on new ground here,” Knudsen said. “This is an entity basically controlled by an enemy foreign actor.”
The hearing drew proponents from around the country, as well as opponents from Montana who said the app provided their small businesses exposure they wouldn’t otherwise have. One lawmaker questioned whether “the current generation” needs TikTok the way religious people need to worship.
“I am a little bit astounded,” Zephyr said during the hearing. “I feel like there’s a lack of understanding around how algorithm works, around how other social media companies collect data, around what worship is.”
The committee did not take action on the bill Tuesday. SB 419 already cleared the Senate earlier this month on a 30-20 vote.
Capitol bureau reporter Seaborn Larson covers justice-related areas of state government and organizations that wield power. His past work includes local crime and courts reporting at the Missoulian and Great Falls Tribune, and daily news reporting at the Daily Inter Lake in Kalispell.
Stay up-to-date on the latest in local and national government and political topics with our newsletter.
State Reporter
Capitol bureau reporter Seaborn Larson covers justice-related areas of state government and organizations that wield power.
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