TikTok files lawsuit to overturn Montana's 1st-in-nation ban on the video sharing app
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Social media company TikTok Inc. filed a lawsuit Monday seeking to overturn Montana's first-in-the-nation ban on the video sharing app, arguing the law is an unconstitutional violation of free speech rights and is based on “unfounded speculation” that the Chinese government could access users' data. The lawsuit by TikTok, owned by Chinese tech company ByteDance, follows one filed last week by five content creators. TikTok says it has not shared and would not share U.S. user data with the Chinese government and has taken measures to protect the privacy and security of its users, including storing all U.S. user data in the United States, according to the lawsuit.
“The Chinese Communist Party is using TikTok as a tool to spy on Americans by collecting personal information, keystrokes, and even the locations of its users — and by extension, people without TikTok who affiliate with users may have information about themselves shared without even knowing it," Emily Flower, a spokesperson for the Montana Department of Justice, said in a statement.
"We expected legal challenges and are fully prepared to defend the law that helps protect Montanans’ privacy and security,” she wrote
The federal government and about half the U.S. states, including Montana, have banned TikTok from government-owned devices.
Montana’s new law prohibits downloads of TikTok in the state. It would fine any “entity” — an app store or TikTok — $10,000 per day for each time someone “is offered the ability” to access the social media platform or download the app. The penalties would not apply to users.
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