United States of America: Adopted Act Banning TikTok in Montana (SB 419)

On 14 April 2023, the Montana State Legislature adopted the Act Banning TikTok in Montana (SB 419). The Act prohibits the operation and availability in app stores of TikTok in Montana. Entities infringing this provision are liable for USD 10'000 for each discrete violation, and for each day the violation continues, as long as they could have reasonably known that the violation was happening within the jurisdiction of Montana. Discrete violations include each time a user accesses TikTok, is offered the ability to access TikTok, or is offered the ability to download TikTok. The penalties apply to mobile application stores and TikTok but not consumers. The Act lists two main motivations for the ban, concerns related to espionage and specifically to the ability to physically locate users and concerns about TikTok's "allowance and promotion" of challenges that threaten the health and safety of minors. The Act now goes to the Governor for signing and would be implemented on 1 January 2024.