The idea of asking TikTok, Google, and Apple to track almost every American using a mobile phone more intrusively, based on the likelihood that the TikTok user may move into Montana and be tracked, is an incredibly intrusive privacy infringement.
But that’s not the probable result if Montana’s legislation SB 419 is permitted to go into effect.
An act that is supposed to guard Montanans’ privacy will make us less secure. If the law becomes effective, it could result in a fragmented and splintered Internet in other US states that are likely to ban websites they don’t like.
A Quick Summary of Montana’s TikTok Ban
In 2023, the US State of Montana passed the law known as SB 419, which banned TikTok from operating in Montana and imposed harsh sanctions on TikTok and its Apple and stores for mobile apps.
The Montana law will make the companies responsible for 10 thousand dollars for every customer in Montana who uses TikTok or is allowed to download or access the application, and an extra 10000 dollars per day after that for the time the violation persists.
The law was set to go into effect on January 1st, 2024. However, TikTok filed a lawsuit, and some members of their users sought an interim injunction. The US District Court judge granted an injunction that stopped the law’s implementation as the case progressed.
The judge granted the injunction because TikTok and its customers can prove that the law violates the First Amendment, is preempted by the federal law on national security, and violates the Commerce Clause of the US Constitution.
Montana’s state, Montana, challenged the injunction’s preliminary ruling before the Ninth Circuit, and the proceeding is ongoing. Following a verdict (sometime after 2024), the side that lost could appeal to the US Supreme Court.
The Bigger Picture–Internet Fragmentation and Splintering
Our primary concern is the precedent this could create in the wake of the chaos it may cause within the United States and the rest of the world.
It is the first attempt to prohibit software at the state level in the US. If the law is approved and takes effect, other US states will likely also seek bans on diverse apps in line with their political and legislative priorities.
One state could seek to block YouTube, and another could concentrate on X (formerly Twitter), while other states might concentrate on Facebook and Instagram.
This can cause a very dispersed and fragmented user experience based on where you live and travel within the US.
In the same way, other countries could be encouraged to ban apps or services within their respective regions, further splintering and reducing the user experience on the world Internet. We’ve witnessed these application bannings from many countries like China, Russia, North Korea, and Iran.
However, this law could grant the basis for countries historically favoring a more open Internet to consider banning applications. (We also worry about the latest US law regarding TikTok that Vice Biden, the president of the United States, signed. Biden.)
Why Montana’s TikTok Ban Won’t Work Technically
In the details we provide in our brief, we see that the Internet does not function as Montana law presumes.
The Internet isn’t geographical. It doesn’t recognize the boundaries of states. One of the excellent things about the Internet is the fact that it’s a non-linear communication system.
The people of Montana can access information from anywhere in the globe. Anyone from around the world can access information in Montana.
The open and accessible structure is among the key features that have contributed to the growth of the world Internet in the last 50 years. This means that anyone can create a new site on the Internet without needing permission from a national or local government authority.
Intentionally imposing boundaries on the Internet, as proposed by the State of Montana attempts to do by introducing SB 419, is a direct run into significant privacy, technical, and security issues. In this brief review, we discuss the accuracy issues that arise from geographical blocking (“geo blocking”) with IP addresses and how it could be easily manipulated.
However, it comes with extra security risks.
Alternative methods for geo-blocking together GPS and other geolocation services, although more accurate, will require more information about users as TikTok and those of the Apple and Google apps are currently collecting.
In the event of a state-wide investigation, Montana’s State of Montana would have to require the services to be more intrusive and to collect more data regarding Montana citizens.
And, even more importantly, TikTok and the app stores would be required to collect the invasive information of all citizens of the United States (and everyone visiting the United States) to ensure that TikTok isn’t accessible to users from Montana whether on mobile phones, desktops or by embedding videos on websites.
