Technologies

TikTok Is Suing Montana Over App Ban: What It Means For You

The company behind the popular video-sharing app says the state’s ban violates the First Amendment.

TikTok is striking back against Montana’s recently passed ban on the popular video app. On Monday, TikTok filed to legally challenge the ban in US district court.

«We are challenging Montana’s unconstitutional TikTok ban to protect our business and the hundreds of thousands of TikTok users in Montana,» a representative for TikTok said in a statement sent to CNET. «We believe our legal challenge will prevail based on an exceedingly strong set of precedents and facts.»

On May 17, Montana Gov. Greg Gianforte signed Senate Bill 419, making his state the first in the nation to ban TikTok over concerns related to its Chinese parent company, ByteDance.

«The Chinese Communist Party using TikTok to spy on Americans, violate their privacy, and collect their personal, private, and sensitive information is well-documented,» Gianforte said in a press release announcing the ban. «Today, Montana takes the most decisive action of any state to protect Montanans’ private data and sensitive personal information from being harvested by the Chinese Communist Party.»

TikTok reports that it has more than 150 million monthly active users in the US. And a 2022 Pew study found that 67% of US teens aged 13 to 17 said they used the app, with 16% of all teens saying they use it almost «constantly.» So can Montana, the eighth-smallest US state by population, really ban its just over 1 million people from using the app? It’s complicated.

For more on data privacy, check out CNET’s list of the best VPN services and how to stop iPhone apps from tracking you.

What does TikTok say in its legal complaint?

TikTok’s statement lists multiple reasons why the company believes the ban is unlawful, beginning by citing the First Amendment, which forbids government restrictions on free speech.

The company says the Montana law is «unconstitutionally shutting down the forum for speech for all speakers on the app and singling these speakers out for disfavored treatment with the content-based rationale that videos on TikTok are harmful to minors.»

TikTok also says the claims that US user data is being used by the Chinese government involve foreign affairs and national security, and should be dealt with at the federal, not state level. It argues that the state-specific ban on its national platform risks disrupting the flow of travel and commerce between states, and also says it’s unconstitutional that TikTok is singled out for harsh penalties based on speculation about its data security and content moderation.

TikTok is seeking a declaratory judgment and order «invalidating and preliminarily and permanently enjoining Defendant from enforcing the TikTok Ban.»

A representative for the Montana governor didn’t immediately respond to a request for comment on the lawsuit.

Is banning TikTok really going to protect data privacy?

The Electronic Frontier Foundation, a nonprofit digital rights group, called the ban «unconstitutional» in a Twitter thread.

And an article from March published on the EFF site pointed out that nearly all social media platforms and online businesses collect a good deal of personal data from users, while noting that the surveillance and censorship practices of China make TikTok a special case.

«Still, the best solution to these problems is not to single out one business or country for a ban,» the EFF wrote. «Rather, we must enact comprehensive consumer data privacy legislation. By reducing the massive stores of personal data collected by all businesses, TikTok included, we will reduce opportunities for all governments, China included, to buy or steal this data.

Jason Kelley, the EFF’s acting director for activism, told CNET in a phone interview that the ban violates the First Amendment and won’t protect data privacy, but will put an «enormous burden» on Montana as it attempts to enforce the law. But he doesn’t think that’s the point.

«It’s not a law that is intended to be implemented,» he said. «It will waste a lot of taxpayer money and be litigated in court.»

Why is Montana banning TikTok?

TikTok’s parent company, ByteDance, is headquartered in Beijing. Some fear that data acquired by the app could be accessed by the Chinese Communist Party, and could pose a national security threat to the United States if the company is forced to share US user data with the Chinese government.

In November, FBI Director Christopher Wray said the app could be used to «control data collection on millions of users, or control the recommendation algorithm, which could be used [to] influence operations if they so choose, or to control software on millions of devices.» FCC Commissioner Brian Carr last year called the app a «sophisticated surveillance tool.»

The ban wouldn’t take effect if TikTok is sold to a company not based in «any country designated as a foreign adversary» by the US government.

Montana’s ban is the first of its kind by a state, but in December, US lawmakers banned the app from government devices, and other countries have also restricted the app.

What does TikTok have to say about the China charges?

TikTok has denied that it feeds information to the Chinese government.

«There is no truth to the [Montana] governor’s claim that TikTok is associated with the Chinese government,» a representative for TikTok said in its first statement after the ban was announced. «The Chinese Communist Party has neither direct nor indirect control of ByteDance or TikTok. ByteDance is a private, global company, with roughly 60 percent owned by global institutional investors, 20 percent owned by the company’s founders, and 20 percent owned by employees — including thousands of Americans.»

TikTok Chief Executive Officer Shou Chew testified before Congress back in March. He said TikTok has been working on an initiative called Project Texas, which he said would create «a firewall that seals off protected US user data from unauthorized foreign access,» and include oversight by a US company.

What does the Montana TikTok ban involve?

The Montana police aren’t going to break down citizens’ doors and stop Billings or Butte teens from uploading or watching quirky dances or funny cat videos. Instead of going after individual users, the state’s attempting to prohibit mobile application stores from offering TikTok within the state.

So while the law does technically prohibit downloads of TikTok, it doesn’t mention fining regular citizens, just TikTok itself or whichever app store, Apple for iOS devices or Google for Android devices, allows Montanans access to it. The proposed fines are hefty — $10,000 per day for each time someone accesses TikTok, «is offered the ability» to access it, or downloads it. Again, those fines wouldn’t apply to the users, but the companies that allow them to get TikTok.

However, the bill also includes even stricter rules for state employees using government devices. It says that «effective June 1, no executive agency, board, commission, or other executive branch entity, official, or employee of the State of Montana shall download or access social media applications that provide personal information or data to foreign adversaries on government-issued devices or while connected to the state network.» And third-party firms conducting business for, or on behalf of, Montana are now prohibited «from using applications with ties to foreign adversaries.»

How will Montana enforce the TikTok ban?

This is unclear. The prohibitions on state employees and agencies kicks in June 1, but the main part of the ban won’t take effect until Jan. 1, 2024. That gives the state some time to figure things out, and in the meantime, there will surely be lawsuits, likely from TikTok itself, and perhaps entities such as the ACLU.

But as far as enforcement itself, there are some idea. The Associated Press reports that Montana’s attorney general has suggested the technology used to restrict online gambling apps could be used. Violations can be reported by anyone, and the state then sends a cease-and-desist letter to the company.

More on privacy and security

Technologies

Dear Apple, Please Make Our WatchOS 12 Wish List Come True

Better battery life, smarter Siri and the other game-changing features we want to see in the next WatchOS that are within the realm of possibility

Apple’s Worldwide Developers Conference (WWDC) is still a few weeks away but that doesn’t mean we can’t start daydreaming about the features we want for WatchOS 12, the next version of Apple Watch software.

With Apple Watch salesdown 19% in 2024 and new competitors like the Oura ring gaining market share, WatchOS 12 could be a chance for Apple to show that it hasn’t been asleep at the wrist.

I teamed up with a few longtime Apple Watch users and fellow CNET editors to put together a wish list of the most requested (and most realistic) features we hope to see in 2025. We’ll save the holographic FaceTime calls for another list.

Improved battery life

A long battery life may not sound as exciting as some of the flashier features on this list but it easily wins the popularity contest among our editors (myself included). We didn’t have a wish list when the Apple Watch launched a decade ago but if we had, I’d bet battery life would’ve been at the top — because that’s how long we’ve been asking for it.

CNET editor-at-large Scott Stein wants a longer battery life and faster charging, especially if Apple wants people to really take advantage of sleep tracking.

A dream scenario would be for the regular Apple Watch and SE version to have the same three-day battery life of the Apple Watch Ultra 2. But software alone can’t work miracles; it still has to operate within the limits of the physical battery. So we’d settle for incremental improvements and optimizations to WatchOS 12 that minimize how much power gets used. That could come in the form of smarter battery-saving modes that automatically kick in when power-hungry features aren’t needed or a more efficient bedtime mode that doesn’t leave the battery drained by morning.

At a prequel to its developer’s conference, Google announced that its own Wear OS 6 will boost battery life by up to 10 percent. It’s not a huge leap, but it’s a welcome one — and a good reminder that meaningful improvements are possible through software alone.

UI tweaks and customization

Apple’s come a long way with letting us customize the Apple Watch’s UI but there’s still room for improvements. The app list, for example, is in desperate need of a refresh. You’re still limited to viewing it as either a grid or list and there’s no way to organize apps by how you actually use them. CNET Managing Editor Patrick Holland suggests adding options to sort by favorites or most used to cut down on the endless scrolling it takes to find what you need.

Watch faces are another area that still feels locked down compared to other platforms like Wear OS. It’s a long-standing request from Stein, who’s been asking for a watch face store since reviewing the original Apple Watch in 2015. We’ve gotten a lot more watch face options since then with customizable widgets and design features but you’re still limited by the templates Apple provides.

CNET health editor Anna Gragert also suggested more watch face collections by artists from underrepresented communities, similar to what the company did with the Black Unity watch at the beginning of the year.

Gestures that go further

Apple first introduced gesture control with WatchOS 10 and the Series 9 and Ultra 2, and it’s been gradually expanding the feature ever since. Now that we’ve had a taste of what one-handed control feels like, we’re ready for more.

CNET senior writer Jeff Carlson admitted he was skeptical of gesture controls at first: «Before I got a Series 10, I thought it was a dubious addition,» he said. «But I use it a lot (especially turning off timers) and want more control than just ‘highlight the main control’ or ‘scroll down the Smart Stack.'»

I’m right there with him. I’d like more gestures beyond the double pinch and the ability to program a gesture to ping my iPhone, because nine times out of 10, I’m rushing out the door with my hands full and don’t have a spare hand to tap the screen.

Apple Intelligence features

The Apple Watch is still notably AI-free — and that might not be a bad thing. The reality is, while the Watch is powerful, it doesn’t yet have the processing muscle to handle Apple Intelligence tasks on its own. But that doesn’t mean it can’t lean on the iPhone for a few features we’d love to see make their way over.

One of the top ones on my list? Genmoji. The ability to create your own emoji on the fly feels like it belongs on your wrist. Apple already brought Memojis and Animojis to the Watch, so this would be a natural next step that would bring more personality to text messages or replace the need for text altogether.

And while we’re on the subject of Apple Intelligence, the Watch could benefit from a smarter approach to notifications. Notification summaries on the iPhone are still hit-or-miss, but on a tiny screen they could actually be more helpful if done right. The current notification layout on the Watch feels crowded, and it’s hard to separate the important alerts from the rest of the noise.

Spam handling on the watch is another area that could use attention. «I’d like to be able to delete and report spam texts and calls the way you can in Messages or Phone on the iPhone — preferably right from the notification,» says Carlson. Right now, blocking a sender on the Watch requires several steps which defeats the purpose of having quick interactions on the wrist.

Smarter Siri

Offline Siri has been a welcome improvement (Series 9 and later). But even offline, Siri is not the brightest bulb. And Apple’s voice assistant is long overdue for an upgrade.

At the very least, it would be great if Siri could understand requests on the first try. But as this is a wish list, why not ask for more? Smarter, more context-aware responses would make Siri far more useful, especially if the assistant can tap into its new Apple Intelligence tools. And please: fewer website links as answers. I’m not about to open a full webpage on my wrist.

Customizable workouts

I also wish the Apple Watch had a way for me to flag external factors like weight or resistance that could impact workout metrics. This could be running or walking with a weighted vest, which in my case is a human child on a harness, or pushing a stroller while on a run.

Right now, there’s no way to flag added weight or resistance to your workout beyond changing your weight in the settings. So instead the Watch just assumes I’m out of shape when my heart rate spikes higher than average as I’m hiking uphill with an additional 35lbs on my back. I’d like to get the extra calorie credits on my move ring, thank you very much.

Smarter coaching for fitness and sleep

The Apple Watch gives us plenty of training tools for heart rate zones, activity rings, VO2 max, and more. But turning all that data into a personalized training plan still feels daunting. I’d love to see a smarter, more proactive coaching system: something that could tell me, in real time, how many minutes I should aim to stay in each heart rate zone to hit my goal. Even better would be a dynamic workout plan that adjusts based on my calendar and energy levels that day.

The same goes for sleep. It’s nice to see my sleep stages but what am I supposed to do with that information? What’s the ideal balance of REM versus deep sleep and how do I improve it?

Gragert would also like to see the Apple Watch take a cue from other wearables and offer energy and sleep scores based on the data it collects.

The sleep coach would then help interpret the data and give tangible recommendations on how to improve toward better recovery and energy. And no, the current bedtime reminder doesn’t count. That’s just a glorified alarm and a pretty annoying one at that.

Smarter vitals and health coaching

We’re already seeing Apple bring more health data together on the Watch, thanks to the Vitals app, which combines metrics like heart rate, sleep, respiratory rate and skin temperature. But for now, it’s still up to us to figure out what that data actually means and what to do with it.

What’s next? Apple could take a similar approach to what it already does with heart rate notifications. The Watch alerts you when your heart rate is too high or too low — now imagine that same kind of proactive insight but for your overall vitals.

Other wearables are already heading in that direction. The Oura Ring, for example, uses a Symptom Radar that can flag when your body shows signs of strain, like when you might be getting sick.That kind of heads up landing on your wrist first thing in the morning could help you plan your day better and maybe call in sick to the office before you drag your coworkers down with you.

Rumor has it some of this smart coaching is already well underway. According to a report from Bloomberg’s Mark Gurman, Apple is working on a top secret project code named «Project Mulberry» which seeks to revamp the Health app with smart coaching and personalized recommendations. Just don’t make me pay for another subscription please.

We’ll find out what Apple actually has in store for us on June 10 during WWDC. Until then, there’s nothing stopping us from dreaming big.

Technologies

I’m Still Waiting for Amazon’s Big Alexa AI Upgrade: Here’s What to Know About the Delay

Like the Apple Siri AI upgrade, it looks like Amazon’s Alexa Plus is taking much longer than anticipated. Here’s why these voice assistants are dragging their digital feet.

We attended Amazon’s February announcement of a massive Alexa AI upgrade with great interest. The new service, called Alexa Plus, promised us conversational AI to set reservations, learn what we like, analyze home video for us and control our smart entertainment on the fly — even if it came with a wee bit of privacy loss.

The enhanced Alexa was supposed to be ready to try in March. Now it’s the middle of May and we’re still waiting. I wish I could say I was surprised. Here’s what’s happening and why Echo users should practice their patience.

Read more: Amazon Alexa Just Changed Its Privacy Settings. CNET Survey Reveals 73% of Device Users Were Already Worried

Alexa Plus stalls out: We’ve seen this before

So, where’s the AI? For now, it’s still in early access, and that early access period appears to be limited. Even the few who have tried out Alexa Plus have been quiet about it. Those who’ve spoken up have said the AI is lacking critical features that were mentioned at the announcement, including ordering food on Grubhub with a conversation, entering into a story mode with kids, visually identifying family members during conversations, brainstorming ideas in a casual conversation mode, and using Alexa Plus on the Web. In other words, it’s just not ready yet.

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I’ve seen this before, very recently, with Apple’s announcement that it will be delaying Siri’s big AI upgrade, not only for a year after WWDC 2024, but then again in 2025 and possibly for as long as until 2027 according to our latest info. It’s possible Amazon watched the fallout from these delay announcements plus leaked employee complaints, and decided to be much quieter about the Alexa Plus rollout.

Either way, it could be months before the average consumer sees an option to upgrade to Alexa Plus, and with staggered rollouts, some Amazon customers could be waiting quite some time for the chatty new Alexa. No one at CNET has gotten an early access look at Alexa Plus yet, but the testing period is still ongoing, so we’re hopeful to get our hands on it very soon.

Waiting for the Show

We’re ready with Amazon Echos, Echo Shows, home cameras, smart gadgets and more to test out just what’s changed with Alexa Plus and what features have actually arrived (and what we still can’t do). But for now, it looks like we’re waiting for our own wake word — and I wouldn’t be surprised if Alexa Plus is on a similar trajectory to Siri’s AI delays, sans the troubling announcements and exposes we saw with Apple.

If you’re desperate to see what Amazon is doing with the latest Alexa AI technology, there is a way to get to the front of the line. Amazon has mentioned that during the early access period, it will focus on releasing Alexa Plus for Echo Shows. If you have an Echo Show 8, Show 10, Show 15 or Show 21, you’re more likely to see an offer for Alexa Plus if you sign up for the program.

Otherwise, we’ll keep you updated. Check out our AI Atlas to get the latest on Siri, Google Gemini, ChatGPT, Grok and, yes, Alexa Plus as we learn more and test out new capabilities.

Read more: The Best Smart Speakers for 2025

(Disclosure: Ziff Davis, CNET’s parent company, in April filed a lawsuit against OpenAI, alleging it infringed Ziff Davis copyrights in training and operating its AI systems.)