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Opinion: Which is the bigger threat: TikTok’s Chinese control or Montana’s state overreach?

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Opinion: Which is the bigger threat: TikTok’s Chinese control or Montana’s state overreach?


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TikTok on May 22 filed suit in a U.S. federal court to stop the state of Montana from implementing an overall ban on the video sharing app.PATRICK T. FALLON/AFP/Getty Images

Gus Carlson is a U.S.-based columnist for The Globe and Mail.

Call it Big Sky v. Big Spy. As Montana regulators and TikTok lawyers prepare to square off in court over the state’s banning of the social-media platform on grounds it is a spying mechanism for the Chinese government, there is more at stake than U.S. national security.

The case will test how far government can – and should – go to bend and perhaps break constitutional rights and freedoms to protect people from their own lack of personal responsibility – and in some cases, stupidity. And it raises this question: Which is the bigger threat, foreign spying or domestic overreach?

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At the heart of the case is the scope of the new law, which doesn’t simply ban the use of TikTok within state lines, it seeks to prohibit the downloading of the TikTok app, which in effect forces companies such as Apple to stop making the app available to Montana customers. This is unlike a government agency or a company banning the use of the platform by its employees, which is a policy within a specific work force and not a widespread commercial ban.

Whether enforcing the new Montana law is even possible – and whether you believe concerns about TikTok as a spying platform are warranted – the idea that government can assume the power to block such transactions and manipulate a free commercial market is in itself troubling, regardless of the stated higher purpose of protecting democracy and the public good.

Yes, there is ample evidence to suggest TikTok is captive to the Chinese government and does not take users’ privacy as seriously as it should. The platform is also addictive for more than 150 million U.S. users and is, as a result, an enormously powerful platform for good and evil.

If you have kids, you know that to be true. The legal arguments aside, it is sad commentary that government needs to step in – and step on rights and freedoms – because we can’t control our own need for a social-media fix.

Haugen and Owen: Don’t ban TikTok. Make it safer

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In one of the many twists to the Montana case, that’s what TikTok’s lawsuit against the state keys on. In simple terms, the company argues the Montana law violates the U.S. Constitution’s First Amendment rights governing free speech and is, in effect, suppression of expression and even censorship. The suit, filed in federal court, also claims national security is a federal issue and Montana does not have the jurisdiction to enact such as law.

The irony is a bit thick when the company accused of being a cipher for a government known for suppressing free speech is using it as a legal beachhead. It is also ironic that, in TikTok’s own defence against claims it is a spying mechanism, the platform has taken steps that suggest the claims are valid.

The company recently said it fired some China-based employees who were collecting data on U.S. journalists who wrote about company leaks. It also announced a US$1.5-billion data security initiative with U.S. technology giant Oracle, called Project Texas, which will host all data of U.S. subscribers actually in the United States. Why would TikTok go to such lengths – and at such expense – if it were squeaky clean?

But by no means has TikTok cornered the market on irony in this case. In enacting the law, Montana, a Republican stronghold, has reached for a solution typical of the left – anti-business, anti-free-market overregulation. The apparent ideological contradiction reflects just how bizarre the issue has become.

Frankly, some observers are curious as to why the U.S. hasn’t been smarter about turning the enormous popularity of TikTok back on China, using it as a platform to spread disinformation against Beijing. It’s an old trick from the propaganda campaigns of the Second World War – to beat ’em, baffle ’em with BS.

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As for personal responsibility, reasonable thinkers might suggest that people who have jobs that deal in sensitive information, or average users who simply don’t want their personal information put at risk, should simply stop subscribing to the platform. Go cold turkey, break the addiction and make court battles such as TikTok v. Montana unnecessary.

What’s left is a blizzard of nonsense postings of water-skiing squirrels, dogs skipping rope and videos chronicling in breathtaking detail what people had for breakfast this morning. If the Chinese government still believes there is strategic value in that content and the personal information of the users behind it, let them have it.

But spy-er beware. There is no encrypted intelligence behind the inanity. The vast majority of TikTok content and users who post it really are that mindless.



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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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Montana lawmakers looking at possible future marijuana dispensary regulations

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Montana lawmakers looking at possible future marijuana dispensary regulations


HELENA — Since the launch of Montana’s adult-use recreational marijuana system in 2022, the state has put limits on who can enter the market. Now, state lawmakers are looking at possibly extending the limits, but in a much different form.

Earlier this month, the Montana Legislature’s Economic Affairs Interim Committee held a preliminary discussion on several marijuana-related bills that could be proposed for the 2025 session. One would freeze the number of marijuana dispensaries and other facilities for two years.

Since the start of legal sales, Montana has had a moratorium, allowing only providers who had been licensed in the state’s medical marijuana system to join the recreational market. It was initially set to expire June 30, 2023, but the Legislature voted last year to extend it two more years.

While the number of licensees was limited, those providers were allowed to open additional “licensed premises,” including dispensaries. The proposed legislation – still in a very early form and subject to change – would prevent any business from adding a new licensed premise between July 1, 2025, and June 30, 2027.

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“This time, we’re talking about a freeze on all cannabis-related business location licensing, so no new growers, no new kitchens, no new storage facilities, no new dispensaries – they’re the part the public are really going to notice,” said Pepper Petersen, president and CEO of the Montana Cannabis Guild.

The committee referred to the proposal as an extension of the moratorium, but marijuana industry representatives said it’s essentially an entirely new policy, because it would remove the requirement that licensees be former medical providers. That would allow licensees to sell or transfer their businesses to new owners who haven’t previously been in the system.

Petersen said people in the industry understand that many Montanans feel there are enough – or too many – dispensaries in the state. He believes local governments should be taking more active steps to limit the growth of dispensaries through zoning or other regulations.

“We’ve suggested to local governments for two years or more now that they put a number of restrictions on when, where and how dispensaries can open,” he said.

Local governments like Cascade County have looked at ways to regulate marijuana businesses. Next month, the city of Missoula is set to hold a public hearing on a proposal to pause issuing business licenses for new dispensaries.

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“When Missoula, Montana, one of the most liberal cities in the state – one of the most marijuana-friendly cities in the country – has said we’ve got too many dispensaries, that reverberates through the state Legislature,” Petersen said.

During the committee meeting, lawmakers also talked about putting together a bill draft to clarify what authority local governments have to put regulations on marijuana businesses. In addition, they looked at a “cleanup” bill to make some technical changes to marijuana laws, as well as a proposed resolution to support the federal SAFER Banking Act, which would allow legal marijuana businesses to access banking services. The committee is set to take a closer look at all of the proposals, including potential amendments, at a meeting in August.





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