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Montana is banning TikTok. But can the state enforce the law and fend off lawsuits?

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Montana is banning TikTok. But can the state enforce the law and fend off lawsuits?


NEW YORK (AP) — TikTok is challenging Montana’s first-of-its kind law that makes it illegal for people to use the social media app in the state. It’s the second lawsuit since the ban was adopted.

Montana Republican Gov. Greg Gianforte signed the law Wednesday expecting a legal fight. The law, scheduled to take effect Jan. 1, 2024, also faces questions over whether it can be enforced.

Five TikTok users sued the state last week saying the law is unconstitutional. TikTok made similar arguments in its lawsuit Monday in federal court in Missoula.

Montana’s rules are more far-reaching than restrictions on TikTok in place elsewhere, which include bans on government-issued devices in nearly half the states and within the U.S. federal government.

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There are 200,000 TikTok users in Montana and 6,000 businesses that use the video-sharing platform, according to company spokesperson Jamal Brown.

Here’s what you need to know:

WHY IS MONTANA BANNING TIKTOK?

Proponents of the law in Montana claim the Chinese government could harvest U.S. user data from TikTok and use the platform to push pro-Beijing misinformation or messages to the public.

That mirrors arguments made by a bipartisan group of lawmakers in the U.S. Senate, as well as the heads of the FBI and the CIA, all of whom have said TikTok could pose a national security threat because its Beijing-based parent company ByteDance operates under Chinese law.

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Critics have pointed to China’s 2017 national intelligence law that compels companies to cooperate with the country’s governments for state intelligence work. Another Chinese law, implemented in 2014, has similar mandates.

TikTok says it has never been asked to hand over its data, and it wouldn’t do so if asked.

WHAT DOES TIKTOK ARGUE IN THE LEGAL CHALLENGE?

The lawsuit filed Monday by TikTok, which is owned by Chinese tech company ByteDance, says the new law violates the Constitution’s right to free speech. It says the law is based on unfounded speculation that the Chinese government could access users’ data.

“The state cites nothing to support these allegations,” the company’s attorneys wrote. “The state’s bare speculation ignores the reality that (TikTok) has not shared, and would not share, U.S. user date with the Chinese government.”

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Emily Flower, spokesperson for the Montana Department of Justice, said the legal challenges were expected. She said the Chinese Communist Party was using TikTok as a tool to spy on Americans by “collecting personal information, keystrokes, and even the locations of its users.”

The case could serve as a testing ground for the TikTok-free America many national lawmakers have envisioned.

HOW DOES MONTANA PLAN TO BAN TIKTOK?

The law will prohibit downloads of TikTok in the state and fine any “entity” — an app store or TikTok — $10,000 per day for each time someone accesses, downloads or is offered the ability to access TikTok.

That means Apple and Google, which operate app stores on Apple and Android devices, would be liable for violations. Penalties would not apply to users.

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The statewide ban would be void if the social media platform is sold to a company that is not based in a country designated as a foreign adversary.

Montana Attorney General Austin Knudsen has pointed to technology used to restrict online sports gambling apps as a way to curtail TikTok from operating in the state. Those violations can be reported by anyone. And once the state verifies a breach has taken place, it sends a cease-and-desist letter to the company involved, said Kyler Nerison, a spokesperson for Knudsen’s office.

SO, COULD THE TIKTOK BAN WORK?

Cybersecurity experts say that, other than avoiding the fine, there’s nothing incentivizing the companies involved to comply and it will be extremely difficult — if not impossible — to adequately enforce the law.

The U.S. doesn’t have anything equivalent to the type of control countries like China have on what their citizens access on the web. Compounding that, internet service providers are out of the picture.

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Before the Montana law passed, lawmakers rewrote portions of the bill to let them off the hook after a lobbyist for AT&T said during a February hearing the legislation was “not workable” to put into effect.

COULD TECH COMPANIES BLOCK IT?

A representative for TechNet, the trade group that counts the two tech giants as its members, said app stores don’t have the ability to “geofence” apps in different states and it would be impossible to prevent TikTok from being downloaded in Montana. The group has said the responsibility should be on an app to determine where it can operate, not an app store.

Telecoms analyst Roger Entner, of Recon Analytics, says he believes the app stores could have the capability to enforce the law, but it would be cumbersome to implement and full of loopholes. Apple and Google’s address-linked billing could be bypassed with prepaid cards and IP geolocation easily masked by using a VPN service, which can alter IP addresses and allows users to evade content restrictions, said mobile security expert Will Strafach, the founder of Guardian, which makes a privacy protection app for Apple devices.

Oded Vanunu, head of products vulnerability research at the cybersecurity firm Check Point, agreed it would be difficult for app stores to isolate a single state from downloading an app. He suggested it would be more feasible for TikTok to comply since it controls the software and can “adjust the settings based on the geographical location or IP addresses” of users.

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COULD TIKTOK BLOCK ITSELF?

When users allow TikTok to collect their location information, it can track a person to at least 3 square kilometers (1.16 square miles) from their actual location. If that feature is disabled, TikTok can still collect approximate location information – such as the region, city or zip code in which a user may be located – based on device or network information, like an IP address.

But similar to the app stores, cybersecurity experts note that any enforcement measures the company implements could be easily bypassed with a VPN and efforts to use IP geolocating might lead to other issues.

David Choffnes with Northeastern University’s Cybersecurity and Privacy Institute said cell providers may use the same types of IP addresses for multiple states, which could mean someone not in Montana could incorrectly be blocked from TikTok.

___

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AP Technology Writer Frank Bajak contributed to this report from Boston.

Copyright 2023 The Associated Press. All rights reserved. This material may not be published, broadcast, rewritten or redistributed.



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Montana group welcomes South Dakotans seeking abortion, reproductive care

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Montana group welcomes South Dakotans seeking abortion, reproductive care


A Montana-based abortion rights group is reaching out to neighboring states announcing abortion and contraception are legal and available there.

South Dakota has a near total abortion ban, which extends to pregnancies caused by rape or incest. Health care professionals say the state’s current abortion exception is unclear.

“Minnesota and Colorado are being so inundated with volume from other states that they might have wait times,” said Nicole Smith, executive director of Montanans for Choice.

Smith said the number of South Dakota women travelling to Montana is quite small. That’s why the group is raising awareness that the state is an option to procure the procedure, which includes a billboard campaign that welcomes those seeking the procedure.

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 “In Montana, we can see people same day that they get here, pretty much,” Smith said. “We just want folks to know that we do have a lot of availability and if they don’t want to wait and they can get into Montana—we can probably see them pretty quickly.”

Since September last year, 280 South Dakotans travelled to Minnesota for an abortion and 170 travelled to Colorado for the procedure. That’s according to the Guttmacher Institute, a sexual and reproductive health group.

The closest abortion facilities to South Dakota in Montana are located in Billings. Smith says clinics also offer abortion medication through telemedicine.

Smith said Montana’s constitution has strong health care privacy rights.

“We have almost unfettered access to abortion in Montana,” Smith added. “There’s no mandatory waiting periods. There’s no mandatory counselling. We have telehealth for medication abortion. We’re very grateful that our constitution has protected those rights—that doctors and providers are able to give best practice medicine to us without politicians interfering in that way.”

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South Dakota voters are set to vote on whether to enshrine abortion access in the state constitution this November. Constitutional Amendment G grants South Dakota women access to abortion in the first two trimesters of pregnancy. It allows the state to restrict the procedure in the third trimester, with exceptions for health and life of the mother.

Planned Parenthood North Central States believe the measure will not “adequately reinstate” abortion access in the state. Abortion opponents call the measure extreme.





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Sheehy, PERC and the future of public lands conservation in Montana

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Sheehy, PERC and the future of public lands conservation in Montana



A great recent article by Chris D’Angelo reports on the connection between Tim Sheehy, the Republican challenging Jon Tester for his senate seat, and PERC, the Bozeman-based Property and Environment Research Center that promotes what it calls “free market environmentalism.”  

While Montanans might wonder about Sheehy’s background and policy positions given the shifting sands in his explanations, the fact that he was on the board of PERC is not in question — despite his failure to disclose that fact as required by Senate rules which his campaign says is an “omission” that’s being “amended.”   

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For those who have long been in the conservation, environmental, and public lands policy arena, PERC is a very well-known entity. As noted on its IRS 990 non-profit reporting form, the center is “dedicated to advancing conservation through markets, incentives, property rights and partnerships” which “applies economic thinking to environmental problems.” 

But to put it somewhat more simply, PERC believes that private land ownership results in better conservation of those lands under the theory — and it is a disputable theory — that if you own the land and resources, you take better care of it due to its investment value.  This has long been their across the board approach to land, water, endangered species and resource extraction.

If one wanted to dispute that theory, it certainly wouldn’t be difficult to do, particularly in Montana where checking the list of Superfund sites left behind by private industries and owners bears indisputable evidence of the myth that private ownership means better conservation of those resources.

In fact, the theory falls on its face since, when “using economic thinking” the all-too-often result is to exploit the resources to maximize profit as quickly as possible.  And again, this example is applicable across a wide spectrum of resources.  In Montana, that can mean anything from degrading rangeland by putting more livestock on it than it can sustain to, as in Plum Creek’s sad history, leaving behind stumpfields filled with noxious weeds on their vast private — once public — land holdings. 

None of this is particularly a mystery, yet PERC has sucked down enormous amounts of funding from anti-conservation sources for more than four decades as it tries mightily to put lipstick on the pig of the all-too-obvious results of runaway private lands resource extraction.

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Running one of the most high-stakes senate campaigns in the nation, however, produces a lot of tap-dancing around the truth in an effort to convince voters that you’re for whatever position will garner the most votes come Election Day. 

In that regard, both Sheehy and PERC are scuttling sideways in their positions.  Given the overwhelming support for “keeping public lands in public hands” in Montana, PERC now claims it “firmly believes that public lands should stay in public hands. We do not advocate for nor support privatization or divestiture.”  

Funny that, given its previous and very long-held position that private ownership of lands and waters is the key to conservation.  Likewise, Sheehy’s position, “that “public lands must stay in public hands” is completely the opposite from the one he held only a year ago, and parrots PERC not only in its verbiage, but in its realization of which way public sentiment and the electoral winds are blowing.

Since what’s at stake is nothing less than the future of public lands in the Big Sky State, it behooves us to demand specific policy positions in writing from all candidates for public office — including the race for Montana’s Senate seat.  



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Couple walking across the U.S. reach Montana

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Couple walking across the U.S. reach Montana


WHITE SULPHUR SPRINGS — A couple from Missouri have a goal to walk through every state in the lower 48.

Paige and Torin – known by their social media handle “Walking America Couple” – are in leg three of a five-leg, cross-country journey.

They’ve already traversed through 21 states, and on Thursday, their journey brought them to just outside White Sulphur Springs.

“Even out here in the more rural open space, we still make a lot of friends on the side of the road. People often stop and ask what we’re doing, or stop to see if we need water or food,” says Paige.

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Each leg takes the couple roughly six months to one year, though they take short breaks in-between. They’re also completing the entire journey with their dog Jak.

“I think he loves the adventure more than we do,” Paige adds.



Through rain, shine, snow, and severe weather warnings, the couple have not been deterred, their purpose and mission propelling them.

“We would like to set the example that you can find contentment under almost any circumstance,” says Torin. “I started out the journey an incredibly cynical person, and it was through these repeated interactions of kindness with people that I had otherwise written off in the past, that my perspective began to change dramatically,” he adds.

Now, their journey is helping to spread the same happiness they’ve discovered to those they encounter on their journeys.

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“We hope to be the example that we’re, as humans, all more malleable than we think,” says Paige.

For more information, click here to visit their website.





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