The lawsuit, filed in U.S. District Court in Montana, also argues that the ban infringes on federal regulations and violates the U.S. Constitution's Commerce Clause, which limits states' authority to enact laws that unduly harm commerce between states and nations.
Photo: Reuters
TikTok, owned by ByteDance and used by more than 150 million Americans, has faced growing calls from US lawmakers and officials to ban the app nationwide over concerns about user privacy and national security risks.
Montana could fine TikTok $10,000 for each violation, and an additional $10,000 per day for each additional violation. The law does not apply to individual TikTok users.
Former President Donald Trump in 2020 sought to ban downloads of Chinese-owned TikTok and WeChat, but a series of court decisions prevented the bans from taking effect.
Senate Intelligence Committee Chairman Mark Warner said the court's reversal of Montana's ban would make it more likely that Congress would consider passing legislation to ban TikTok and other foreign-owned apps.
TikTok is estimated to have hundreds of thousands of users in the state of Montana, which has a total of only about 1.1 million residents.
TikTok has said it "has not shared US user data with the Chinese government and has taken significant measures to protect the privacy and security of TikTok users."
Last week, five TikTok users in Montana filed a lawsuit in federal court to block the ban, targeting Montana Attorney General Austin Knudsen, who is responsible for enforcing the law.
Bui Huy (according to Reuters)
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