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

The Duskbloods Is New FromSoftware Gaming Action Coming to Switch 2 in 2026

Talk about a surprise for the new Switch.

FromSoftware had a big day with the Switch 2 Direct. The company revealed a new game called The Duskbloods and confirmed that its smash-hit action RPG Elden Ring is coming to the new console, which launches on June 5 for $450.

The Duskbloods is exclusive to the Switch 2, which was a surprise announcement during the Switch 2 Direct. According to FromSoftware, the game is a player vs. player vs. enemy, or PvPvE, online multiplayer game similar to the developer’s upcoming Elden Ring: Nightreign.

Players will be part of the Bloodsworn, which is a group that has «transcended human strength thanks to their special blood.» Each individual will be playing against each other as well as taking on other foes.

The game features some mainstays for FromSoftware games, with a gothic tone and a focus on gore, like its popular Bloodborne game for the PS4. It does appear that characters have a few more abilities than seen in previous games from the cult developer.

The Duskbloods will release sometime in It will be released in 2026.

The Switch 2 will launch on June 5 and preorders will start on April 9 at retailers. The new console will feature plenty of third-party support, with major games like Borderlands 4, Madden and Civilization 7 coming from other publishers.

Technologies

Today’s NYT Mini Crossword Answers for Thursday, April 3

Here are the answers for The New York Times Mini Crossword for April 3.

Looking for the most recent Mini Crossword answer? Click here for today’s Mini Crossword hints, as well as our daily answers and hints for The New York Times Wordle, Strands, Connections and Connections: Sports Edition puzzles.

Today’s NYT Mini Crossword has two similar clues, 5-Across and 6-Across. They both play off the same idea — using the first part of two words to make one, all food-related. I didn’t get that at first, so I struggled with those two clues. Need some help with today’s Mini Crossword? Read on. And if you could use some hints and guidance for daily solving, check out our Mini Crossword tips.

The Mini Crossword is just one of many games in the Times’ games collection. If you’re looking for today’s Wordle, Connections, Connections: Sports Edition and Strands answers, you can visit CNET’s NYT puzzle hints page.

Read more: Tips and Tricks for Solving The New York Times Mini Crossword

Let’s get at those Mini Crossword clues and answers.

Mini across clues and answers

1A clue: Hit the ___ (go to bed)
Answer: SACK

5A clue: Misleading name for a sub/shish kebab restaurant?
Answer: SUSHI

6A clue: Misleading name for a taco/pasta restaurant?
Answer: TAPAS

7A clue: Certain sports bets
Answer: OVERS

8A clue: Cooped (up)
Answer: PENT

Mini down clues and answers

1D clue: Almost *too* sophisticated and charming
Answer: SUAVE

2D clue: Upscale Colorado skiing destination
Answer: ASPEN

3D clue: Word after bar or pie
Answer: CHART

4D clue: Smooch
Answer: KISS

5D clue: Word on an eight-sided traffic sign
Answer: STOP

How to play more Mini Crosswords

The New York Times Games section offers a large number of online games, but only some of them are free for all to play. You can play the current day’s Mini Crossword for free, but you’ll need a subscription to the Times Games section to play older puzzles from the archives.

Technologies

Nintendo Switch 2: Everything We Know About the Console, New Games, Release Date

The $450 console will get Mario Kart World at launch, 4K gaming when docked, Switch 2 Edition game enhancements and new mouse controls.

The Nintendo Switch 2 console’s biggest reveal yet arrived Wednesday morning as part of the company’s Nintendo Direct event. This teed up a day of Switch 2 reveals that include its June 5 release date, a $450 price, its specs, and its initial game lineup that extends from launch into 2026.

The console will be further buoyed by having Mario Kart World as a launch title, which will go on sale in either a $500 bundle with the Switch 2 or on its own for $80 — making the open-world racing game one of Nintendo’s most expensive yet. Other games announced, such as Donkey Kong Bananza, are being priced around $70, which matches the cost of 2023’s The Legend of Zelda: Tears of the Kingdom. That Zelda game and Breath of the Wild are among the original Switch titles that will get enhanced Nintendo Switch 2 Edition upgrades, a premium upgrade allowing players to get new features, modes and graphical enhancements that take advantage of the newer system’s capabilities.

Here are the top highlights from Nintendo’s console event, all of the games we’ve heard about so far (including new titles, Nintendo Switch 2 Edition titles and GameCube games coming to Nintendo Switch Online) and all of our coverage so far. You can also check out our Nintendo Switch 2 live blog for even more updates about the Switch 2 as we learn them.

Nintendo Switch 2 console

The Nintendo Switch 2’s specs saw a noticeable technical bump over the Switch. The Nintendo Switch 2 has a 7.9-inch, 1080p resolution LCD that supports a 120Hz refresh rate — matching what we now see on most Android phones. When the Switch 2 is docked, compatible games can run in 4K resolution. The new dock also includes a cooling fan.

The Switch 2 comes with 256GB of internal storage, and the new Switch 2 Game Cards will load games faster. For digital libraries, however, the Switch 2 will only work with microSD Express cards, which are different from the microSD cards that are compatible with the prior Nintendo Switch. Nintendo will have a Software Transfer feature available to help move games and data from the original Switch to the Switch 2.

The new Joy-Con for the controllers will support mouse controls, and a new C button will be part of a new GameChat communication feature that allows both voice and video chat. There’s also a Nintendo Switch 2 Camera, allowing players to see each other.

The Switch 2 also adds a second USB-C port to the top of the system, which Nintendo says can help connect its new camera accessory or charge the console when playing in tabletop mode. Nintendo also revealed a new Switch 2 Pro Controller with the C button and customizable GL and GR buttons on the back.

Following the presentation, Nintendo unveiled the system’s price of $450 in the US. It will also sell the Switch 2 bundled with a digital version of Mario Kart World for $500.

Mario Kart World

Mario Kart World removes its traditional boundaries and lets drivers roam freely across an entire world of race courses. The game will get its own Nintendo Direct later this month, where we’ll see additional details, but we already know it’ll include traditional races and a Free Roam mode, much like in the Forza Horizon series.

Getting the game bundled for an extra $50 on the cost of the Switch 2 might be the move if you are interested in the game, because Nintendo announced on its website that standalone copies of Mario Kart World will cost $80.

Joy-Con 2 C button and GameChat

Nintendo’s rolling out its new C button across several new Switch 2 controllers. The button will be used for the new GameChat communication features without a headset. The button will be used alongside a microphone on the console itself, which Nintendo says can be used whether it’s docked to a TV or in handheld mode.

In its teaser video, Nintendo promises the microphone will be able to cancel out loud background noises. GameChat will also work with a Nintendo Switch 2 Camera, allowing video chat and various camera-based game modes in supported titles. GameChat will be free at launch through March 31, 2026.

Nintendo Switch 2 Edition games upgrade titles

The Nintendo Switch 2 will play three types of games: original Switch games, Switch 2 games and Switch 2 Edition games that will receive substantial enhancements. For many of these Switch 2 Edition games, you’ll need to buy an upgrade pack if you own the original for Switch. Many of them will get more than just enhanced graphics in the upgrade; for example, Super Mario Party Jamboree will get new games that support the new Joy-Cons’ mouse controls, audio recognition and video camera gameplay options through the Switch 2 Camera.

Other Nintendo Switch games that are getting Switch 2 Edition options include The Legend of Zelda Breath of the Wild, The Legend of Zelda Tears of the Kingdom, Kirby and the Forgotten Land, Metroid Prime 4 Beyond and Pokemon Legends: Z-A. Enhancements vary: The Zelda games will start working with a companion phone app for maps and sending schematics to friends, while Kirby will get a new story that’s exclusive to the Switch 2 Edition. On the third-party side, Civilization 7 will get mouse controls.

Nintendo did not announce what upgrade packs will cost. However, some Switch games will get free updates that will improve performance or enhance features when playing them on the Switch 2. The Switch games getting these updates include:

Hyrule Warriors: Age of Imprisonment

Hyrule Warriors: Age of Imprisonment is a new game set in the world of Zelda that tells the story that leads into The Legend of Zelda: Tears of the Kingdom. This appears to be similar to how Hyrule Warriors: Age of Calamity told the story of a war that led to the events of Breath of the Wild. The teaser shows Zelda discovering that she’s arrived in the past of Hyrule, and the game will expand on how she gets involved in the corresponding Imprisonment War.

Nintendo Switch 2 games

Several other first- and third-party games were spotlighted during the Switch 2 Direct. These include Donkey Bananza, one of the first 3D platforming games featuring DK since 1999’s Donkey Kong 64. Kirby will also return to the racing genre in Kirby Air Riders, which comes more than 20 years after the GameCube racer Kirby’s Air Ride. DragXDrive will use mouse controls to control a futuristic wheelchair basketball game in which players will simulate push and pull motions to control their character.

An onslaught of Switch 2 third-party games were quickly shuffled through during the Direct, which I list below. An unnamed James Bond game is in development at Hitman studio IO Interactive, as is a darker title from Elden Ring creator FromSoftware called The Duskbloods, which will be exclusive to the Switch 2.

The full list of announced Nintendo Switch 2 games includes:

Borderlands 4
Bravely Default Flying Fairy HD Remaster
Cyberpunk 2077: Ultimate Edition
Daemon X Machina: Titanic Scion
Deltarune
Donkey Kong Bananza
Drag x Drive
EA Sports FC
EA Sports Madden NFL
Elden Ring Tarnished Edition
Enter the Gungeon 2
Fast Fusion
Final Fantasy 7 Remake Intergrade
Fortnite
Hades 2
Hitman World of Assassination — Signature Edition
Hogwarts Legacy
Hollow Knight: Silksong
Hyrule Warriors: Age of Imprisonment
Kirby Air Riders
Kirby and the Forgotten Land — Nintendo Switch 2 Edition and Star-Crossed World
Kunitsu-Gai: Path of the Goddess
Mario Kart World
Metroid Prime 4: Beyond — Nintendo Switch 2 Edition
NBA 2K
Nintendo Switch 2 Welcome Tour
Nobunaga’s Ambition: Awakening Complete Edition
Pokemon Legends: Z-A — Nintendo Switch 2 Edition
Project 007
Puyo Puyo Tetris 2S
Rune Factory: Guardians of Azuma — Nintendo Switch 2 Edition
Sid Meier’s Civilization 7 — Nintendo Switch 2 Edition
Split Fiction
Star Wars Outlaws
Starseeker: Astroneer Expeditions
Street Fighter 6
Super Mario Party Jamboree — Nintendo Switch 2 Edition and Jamboree TV
Survival Kids
The Duskbloods
The Legend of Zelda: Breath of the Wild — Nintendo Switch 2 Edition
The Legend of Zelda: Tears of the Kingdom — Nintendo Switch 2 Edition
Tony Hawk’s Pro Skater 3 and 4
WWE 2K
Yakuza 0 Definitive Edition

Among these titles, you can see the full list of June 5 Switch 2 launch day games here.

Nintendo GameCube library coming to Switch 2

The Nintendo Switch Online game library will add GameCube games to the Switch 2. On launch day, these games will initially include The Legend of Zelda: The Wind Waker, SoulCalibur 2 and F-Zero GX, with each game getting enhanced graphics. Online multiplayer will also be added to certain titles. Super Mario Sunshine, Super Mario Strikers and Luigi’s Mansion are among the games set to arrive later. At launch, Nintendo will also sell a GameCube controller, which will be wireless and include a C button for GameChat.