United States of America: Filed public lawsuit over Act banning TikTok in Montana (TikTok v Montana)

On 22 May 2023, TikTok filed a lawsuit against the State of Montana over the ban of the Chinese-owned app following the adoption of "An Act Banning TikTok in Montana" (SB 419) which was signed by Montana's Governor on 17 May 2023. The company argues that the ban, effective from 1 January 2024, violates the company's and users' First Amendment rights. Additionally, TikTok argues that the ban contradicts federal law by interfering with areas under federal jurisdiction and violating the Commerce Clause of the US Constitution. TikTok also argues that it has implemented effective safeguards to protect US user data and to foster a safe environment for all users, including minors. Finally, the company claims that it has not shared, and would not share, US user data with the Chinese government, and has taken substantial measures to protect the privacy and security of TikTok users, including by storing all US user data by default in the United States.