WASHINGTON: TikTok Inc on Monday (May 23) filed a lawsuit challenging the state of Montana's new ban on the use of the Chinese-owned app, the first state to bar the popular short-video sharing servic
TikTok argues the ban, which would take effect on Jan 1, violates First Amendment rights of the company and users. The lawsuit, filed in US District Court in Montana, also argues the ban is pre-empted by federal law because it intrudes upon matters of exclusive federal concern and violates the Commerce Clause of the US Constitution, which limits the authority of States to enact legislation that unduly burdens interstate and foreign commerce.
Montana could impose fines of US$10,000 for each violation by TikTok and additional fines of US$10,000 per day if it violates the ban. The law does not impose penalties on individual TikTok users. It is not clear how Montana would enforce a TikTok ban. Senate Intelligence Committee Chair Mark Warner said the likelihood of federal courts overturning Montana's ban made it even more essential for Congress to pass the legislation he introduced to give the president new powers to ban or impose restrictions on TikTok and other foreign-owned apps.
The company says in its lawsuit 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".
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