Gianforte has stated the law was passed “to protect Montanans’ personal and private data from being harvested by the Chinese Communist party.” While Montana’s intentions may be good with SB 419, there are concerns that the law would in fact increase the surveillance of and data collection from its state’s residence. There is currently no precedent for such a law in any state in the US, and in order to properly enforce it, TikTok, Apple, and Google would need to collect and track the location data of Montana residents. This not only raises logistical concerns, but privacy concerns as well. 

In addition to the fact that SB 419 would be technically difficult to enforce, there are also many who believe it is in violation of Montanans’ freedom of speech. Residents of Montana, just like Americans all over the country, use TikTok as a form of self-expression, a means to collect and spread information, a news source, as well as a platform to conduct business. Some view the law as a form of government censorship that could place a dangerous precedent in the US. The Trump Administration had made attempts to ban TikTok that were unsuccessful due to district courts striking down the efforts in the name of protecting first amendment rights. Many believe the Montana law faces a similar fate, with the ACLU taking a firm stance against it. In addition, five TikTok creators have banded together and are currently suing Montana’s attorney general to block the law from taking effect, citing first amendment violations in the lawsuit. In a separate suit, TikTok has sued Montana, also citing first amendment violations. 

While it is not likely that SB 419 will be successful in its current iteration, this law does tap into the anxieties many lawmakers have regarding TikTok and its privacy risks. It doesn’t appear that the US government’s fight against the social media app will be ending any time soon.

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