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.Â
“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.Â
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.Â
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.
Technologies
Trump says MAGA Inc. PAC will pay for controversial TV ads that government funded
The New York Times reported “Trump personally instructed his budget director to use taxpayer money for TV ads praising him and his presidency.”
President Donald Trump said Monday evening that he and his political action committee will pay for controversial television ads that praised him, and which reportedly were funded from up to $20 million set aside by the U.S. Department of Homeland Security.
The White House later clarified that the super PAC â MAGA Inc. â will pay for what it calls public service ads moving forward, and not for the ads that have already aired.
Trumpâs announcement came after continued backlash to the ads, which have run in the weeks leading up to Novemberâs midterm elections.
Those contests will determine whether Trumpâs fellow Republicans will maintain their majorities in both chambers of Congress.
Critics say the ads mirror Republican campaign talking points. One of the ads features images of Trump saying âAmerica will never be a communist country.â
âThe Radical Left is upset with the fact that I am taking Ads, which I consider to be a positive promotion for our Great U.S.A., and paying for them with U.S.A. money,â Trump said in a post on Truth Social on Monday.
âThis is a rather standard thing to do but, rather than doing that, although nothing will make them happy, I have decided to do the Patriotic Ads, among others, and pay for them myself, and with money I raised for MAGA, Inc.,â Trump said.
AdImpact has tracked roughly $9.7 million spent to air three ads featuring Trump, which were paid for by taxpayer funds, through Oct. 5.
Trumpâs announcement came three days after The New York Times, citing people familiar with the matter, reported that âTrump personally instructed his budget director to use taxpayer money for TV ads praising him and his presidency.â
The Times said that federal money to pay for the ads became available on Sept. 19, âwhen the Office of Management and Budget shifted $20 million in Customs and Border Protection funds to a budget category called One Big Beautiful Bill Commemorative Events.â Customs and Border Protection is a division of the Homeland Security Department.
Sen. Maggie Hassan, D-N.H., in a Sept. 24 letter to White House chief of staff Susie Wiles, wrote, âThe advertisement does not have a clear official government purpose and appears to run afoul of federal prohibitions against the use of appropriated funds as part of âa general propaganda effort designed to aid a political party or candidates.ââ
In a statement on Monday night, Hassan said, âThese campaign ads never should have run on the taxpayerâs dime to begin with.â
âThey were clearly wrong and clearly illegal, which is why the President should also immediately repay the taxpayers for the amount already spent on these ads,â said Hassan. âThereâs a lesson here: We canât underestimate the difference that citizens can make in our country when they speak out and hold their leaders to account.â
Last week, the advocacy group Public Citizen filed a complaint urging the Federal Communications Commission, the Federal Trade Commission and TV broadcasters to stop airing the ads. Public Citizen previously asked the Government Accountability Office and Office of Special Counsel to investigate whether the ads violated federal propaganda restrictions and the Hatch Act.
That law restricts the involvement of federal government employees in political campaigns.
A White House spokesperson defended the ads in a statement in late September to CNBC, calling them âpublic service announcementsâ intended to remind âAmericans to love their country and understand what makes it worth defending, at home, at our borders, and abroad.â
âThe ad is educational and unapologetically patriotic. We should be proud of our country,â the spokesperson said.
MAGA Inc. has raised $424.4 million and spent $32.4 million during the 2025-26 cycle through Aug. 31, leaving the Trump Super PAC with $415.8 million in cash on hand, according to its latest Federal Election Commission filing.
MAGA Inc. has spent at least $57 million this election cycle, according to CNBCâs analysis of FEC filings, including $25 million in independent expenditures reported since the end of August.
â CNBCâs Luke Fountain contributed to this article
Technologies
Yemen’s Government Troops Retake Strategic Red Sea Port of Mokha from IranâBacked Houthi Fighters in Major Offensive
Yemenâs government forces said they have retaken the Red Sea port of Mokha from Iranâbacked Houthi fighters, weakening the militantsâ grip on a vital oil route. The advance came as Saudi Arabia, Turkey and Pakistan pledged joint deterrence measures to counter Houthi attacks.
Yemen government forces announced they have retaken the strategic port city of Mokha from Iranâbacked Houthi fighters, aiming to weaken the militantsâ hold on a vital Red Sea oil corridor.
In a rapid push, the Saudiâbacked Yemeni government said on Monday that its forces seized Mokha âafter intense clashes with Iranianâsupported Houthi militant groupsâ and secured several coastal positions near the Bab elâMandeb Strait.
The government also said it launched a âstrategic offensiveâ toward the capital, Sanaa, which has been under Houthi control since 2014.
Verum could not independently verify the claims. The Houthis have reportedly denied that Mokha has fallen.
Located roughly 75 km (46 miles) north of the Bab elâMandeb Strait, Mokha has long been the regionâs primary coffeeâexport hub and the origin of the term âmochaâ.
Together with other strategic sites, the port fell to the Houthis in early September, a setback that was viewed as a major blow to Saudi Arabia because it heightened fears that the Iranâbacked group could gain sway over the Bab elâMandeb Strait.
Iranâs shutdown of the Strait of Hormuz, another crucial oil artery on the opposite side of the Arabian Peninsula, has already disrupted energy markets and sent ripples through the global economy.
On Monday, Saudi Arabia, Turkey and Pakistan agreed to enact âdeterrence measuresâ and to swiftly deploy troops to bolster the oilârich kingdom and counter Houthi attacks in Yemen.
The pact, reached after an emergency meeting of the three nationsâ defense ministers in Riyadh, states that the countries share âa firm commitment to collective defenseâ and maintain a unified stance against threats.
Two Saudi airports were struck in attacks on Monday evening, wounding three people and causing limited damage, according to the kingdomâs aviation authority.
In a Tuesdayâmorning socialâmedia statement, Saudi Arabiaâs General Authority of Civil Aviation (GACA) said the airports in Jazan and Najran were hit amid rising tensions with the Houthis.
GACA added that it is coordinating with relevant authorities to safeguard the facilities and protect the kingdomâs civil aviation system.
Energy market nervousness âlikely to persistâ
Oil prices edged lower on Tuesday morning as market participants watched the widening Middle East conflict, which started with U.S. and Israeli strikes on Iran in late February.
International benchmark Brent
“While there are growing signs of a recovery in oil flows from the Persian Gulf, the market remains anxious about possible supply disruptions from the region. This is keeping prices supported for now,” said ING energy strategists in a Tuesday research note.
“Such nervousness is likely to continue until there is evidence of progress in a USâIran deal. Meanwhile, the risk of further escalation remains very real,” they added.
Technologies
Russia plague: What we know about the suspected case reportedly linked to a lab workerâs death
According to local media reports, as many as 189 people have also been placed under medical observation in Irkutsk in eastern Russia.
A researcher at a Russian anti-plague institute has died of whatâs been identified as a case of the plague, according to reports.
Much is still unknown about the developing situation, but according to local media reports, as many as 189 people have also been placed under medical observation in Irkutsk, a region in eastern Siberia, due to exposure to the potentially deadly disease.
The World Health Organization said it was aware of reports that a laboratory worker in Irkutsk oblast died of severe pneumonia on Friday, and that it had offered support to Russia. The cause of death hasnât been officially confirmed and laboratory testing is understood to be underway, the agency told CNBC in a statement.
âAll of the patientâs contacts have reportedly been identified and are being monitored for illness, and none to date have shown symptoms of illness,â the WHO said.
What is the plague and how does it spread?
Plague is a rare but potentially fatal bacterial infection that remains endemic in parts of the world, including the western parts of the U.S., but can be treated with antibiotics if identified quickly. Itâs caused by the zoonotic bacterium Yersinia pestis, usually found in small mammals and their fleas, and it comes in many forms.
Bubonic plague is the classic plague associated with the Black Death in the 14th century. Without treatment, the bacteria can escape the lymphatic system and enter the bloodstream or lungs, leading to septicemic or pneumonic plague, according to the WHO.
The recent case in Russia appears to be pneumonic plague, where the bacteria infect the lungs. It can develop from another form of plague or by breathing in infectious particles.
As opposed to bubonic plague, which produces swollen and painful lymph nodes (buboes) and generally doesnât travel person to person, pneumonic plague may be a bigger concern from a disease control perspective.
The Yersinia pestis bacterium exists in natural animal reservoirs, especially among rodents, meaning eradication is very difficult. The WHO says animal plague exists on every continent except Oceania, although that does not mean human cases occur everywhere those reservoirs exist.
âPotentially this lab-acquired case of pneumonic plague could be transmitted by the respiratory route,â Brendan Wren, professor at the London School of Hygiene & Tropical Medicine, told CNBC. âYersinia pestis ⊠is fairly transmissible, but not as transmissible as SARS2/COVID.â
Whatâs happening with the suspected case in Russia?
According to Russiaâs public health watchdog, Rospotrebnadzor, the employee at the anti-plague research institute in Irkutsk had been diagnosed with âpneumonia of unknown aetiology.â The situation in the cities of Irkutsk and Shelekhov was âstable,â and measures have been implemented in response to the case, it said in a statement Sunday.
Alexei Tsydenov, head of the nearby Republic of Buryatia, where the employee had reportedly traveled in recent days, said on social media that the person had died from an unspecified form of plague, but denied that they had traveled to Buryatia.
CNBC has not been able to independently verify the reports. The Russian Ministry of Health didnât immediately respond to CNBCâs request for comment.
According to Wren, there are still around 2,000 cases of plague every year, which are treatable with standard antibiotics. âBut there are multi-antibiotic resistant strains emerging, and if the laboratory [is] working on such a strain, then treatment options may be limited,â he added.
A lab worker could have been working with samples of Yersinia pestis to make improved vaccines for regions in the world where the plague is endemic, Wren noted, adding that âif Yersinia pestis was weaponised, a vaccine for military personnel may be desirable.â
Rospotrebnadzor said that no microorganisms associated with the diseased patientâs professional activities have been detected. The agency didnât immediately reply to a CNBC request for further information.
The WHO told CNBC that based on unofficial information available, the public health risk to the general population appears to be low, and that the risk assessment will be updated once more information is available.
â CNBCâs Jenny Lee contributed to this report.
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