District Judge Donald Molloy said the state had not substantiated its claims that TikTok users’ data was being “stolen” or misused.
Montana Gov. Greg Gianforte signs a law banning TikTok in Helena in May. A federal district judge voiced doubt over Montana’s “paternalistic” ban of TikTok during a hearing Thursday, the first courtroom challenge to the only statewide ban targeting the wildly popular video app.TikTok sued Montana in May, saying the ban had violated the First Amendment and was backed by no evidence of legitimate national security risks.
But Molloy also argued the state had not substantiated its claims that TikTok users’ data was being “stolen” or misused.“Your argument just confuses me,” Molloy said. “You need to protect consumers from having their data stolen. But everybody on TikTok voluntarily gives their personal data. If they want to give that information to whatever the platform is, how is it you can protect them?”
Montana Gov. Greg Gianforte, a Republican, signed a law in May that would ban downloading the app starting next year, though experts have questioned whether the ban isThe U.S. government and nearly 40 states have banned use of the app on government-owned devices, but Montana’s goes farther by forbidding its use by the general public.Montana said TikTok, which is owned by the Chinese tech giant ByteDance, offered too high a risk of foreign surveillance and propaganda.
But Molloy pressed the state to answer what evidence it had to back its claims, questioning why Montana stood alone in banning the app for public use. “Does that seem a little strange to you?” he asked Montana’s attorney, comparing the state to someone in a marching band walking out of step.
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