US state bans TikTok

In 2023, it is the sign that you have suddenly grown old: not understanding the popularity of the latest hot app. Still, this boomer will attempt to provide an objective look at the first outright ban on a piece of social media software issued by a regional government.

Up to a $10,000 fine

Last April, the House of Representatives voted 54-43 in favor of Bill SB419. The ban doesn’t just apply to government employee phones, which is much more popular, but to all private devices within Montanana state lines. This week, the state’s Republican governor, Greg Gianforte, signed into law. So far, the Republican commitment to small government has been the idea that government should keep as much as possible out of the lives of citizens. Oh dear, there goes my objectivity.

The reason for the ban is the alleged stealing of user data by the Chinese government, something for which there is no evidence. Social media companies collect data from their users and then sell it to advertisers. Let’s be honest, it really shouldn’t be. Action against the companies behind these apps is therefore desirable. Only there seems to be something else at play here. First, American companies are doing exactly what TikTok is now being accused of. Second, the frequent repetition of the word “communist” in connection with the Chinese state suggests that this is another classic case of ‘culture wars’.

The Netherlands and the EU also limit TikTok use

The fact that the Chinese government leaves the data of American TikTok users alone does not mean that all concerns about TikTok are unfounded. Doing business in China is impossible without a firm finger in the pie of Uncle Xi “Poo Bear” Jinping. It also means that it will not be difficult for the Chinese government to access data from international TikTok users.

While there is no evidence that that is happening, the existence of the possibility is reason enough for both the EU and the Dutch government to ban the use of TikTok on civil servants’ work phones.

TikTokers are going to court

But it’s not just writing letters. A group of content creators active on the platform are suing the state. They, too, are aiming for the First Amendment. The filing of the lawsuit came just hours after Governor Gianforte signed the law into law.

“Montana cannot simply ban its citizens from posting or viewing posts on TikTok. No more than it can simply ban The Wall Street Journal (business newspaper under the thumb of Rupert Murdoch) because of the ideas it publishes.” According to the five TikTokers from Montana, including one the owner of a company that sells swimsuits, a rancher and a former Marine sergeant.

Whether it will work is highly questionable

The law will make it illegal for app marketplaces to offer the app within state boundaries. Violators can be fined up to $10,000 per violation per day. A violation is defined as “any time a user opens TikTok, is offered the option to access TikTok, or is given the option to download TikTok.” Please note, the fine is for ByteDance, the company behind TikTok and, for example, Apple or Google.

The specific implementation of the law is rather vague. The design of the law then seems mainly aimed at creating a situation that will cause too many problems for ByteDance, Apple and Google to continue to offer the app, according to Nicholas Garcia. Garcia is a policy advisor to consumer association Public Knowledge.

You wonder if the relevant legislators have ever heard of a VPN. Probably not, because the ancient American political elite doesn’t understand technology. With a VPN you can easily change your location in the eyes of your internet provider. As a result, banning a specific app can almost only be enforced through manual checks. The fact underlines the notion that the ban, which is due to take effect next year, mainly concerns symbolic politics.