DawgTalkers.net Forums DawgTalk Palus Politicus Montana governor bans TikTok

You had already taken it off topic with "mah guns!" Try and pay attention. And of course deflection is all you have.

Of course it was quite on topic until you woke up today.

It my most satirical voice..... Well of course it was. So it's just like when you are the only one that complains about something I post? Interesting....

So you are just here to fight. Got it.

So when I do exactly what you do, your claim is I'm only here to fight. Interesting.

I posted quite a bit of discussion on this thread, you've posted nothing but fights. So no, you didn't do what I do, you did what you do. You show up and fight, then blame it on someone else.

You do know the exact same thing could be said about several threads where I provided quite a bit of discussion in the threads where you came into them and you did the exact same thing. Do you have an address where I should send your mirror to?

don't have time to reply in depth. running out the door. But... no. FTC ONLY deals with trade/deceptive practices marketing tactics etc.

TikTok doesn't sell anything. They are a social channel.

The FTC is in charge of COPA it seems, which is content driven.

So from a how Montana could accomplish this I see a few options.

1) Layer 7 firewalls at NAPs inside MT a la China and their content filtering. This would involve the FCC since it would be in charge of the network at Layer 1. This likely would be ineffective even if they could get these devices installed.

2) Create laws that specifically target TikTok as a business and make it illegal to do business in MT based on those laws and business practices. This would likely need to be so narrowly crafted it to ony target TikTok it would be ineffective. Simple business practice changes could invalidate it. If they specifically name TikTok there would be a 14A challenge to it, if the FTC doesn't step in. This also implicates interstate commerce, and so Congress could get involved as well.

3) Make TikTok illegal to residents. This would be blatant censorship and would involve 1A and 14A challenges. No way this passes muster and would likely be enjoined before the ink is dry from signing it.

It would be interesting to see how they attempt it, but the chances of something like the surviving is negligible.

I wish Jules was here so we could rail on about the "slippery slope" but where does this end? If a state can come up with reasons to ban tiktok over some perceived fear of "China", then surely they can come up with reasons to ban Fox News or MSNBC or Youtube or porn sites or the NRA or any host of other things they might view as "for the public good"....

Kinda ironic that republicans have an open season on banning many of our freedoms these days. Of course, not on those pesky military assault rifles. No way.

i encourage you to read the law they are passing and you are going to be like... ohhhh

I think you talking about COPPA laws? Yes, it's illegal to data mine or target & market children under the age of 13. I always thought that law should have been 18. JMHO

Montana doesn't have to do anything except enforce it.

The app stores have to block anyone in the state of Montana from downloading the app.

And that’s just it. Anyone with digital savvy will still be able to download and use the app. Montana will need to shut down much of the general public’s internet access to completely cut off access to an app.

I had a read of SB419 (which I believe is the version sent and signed).

I don't see anything particularly clever in it, and I would be surprised if this survives a lawsuit. It does exempt users from penalty, which I suspect is solely designed to reduce the ability of users to have standing. As this deals with interstate and international commerce it will be an interesting one to watch.

TikTok sues Montana over state's ban of app

"We are challenging Montana's unconstitutional TikTok ban," the company said.

TikTok sued Montana in federal court on Monday over a ban of the app enacted by the state last week.

"We are challenging Montana's unconstitutional TikTok ban to protect our business and the hundreds of thousands of TikTok users in Montana," the company said in a statement. "We believe our legal challenge will prevail based on an exceedingly strong set of precedents and facts."

The office of Montana Gov. Greg Gianforte did not immediately respond to ABC News' request for comment.

The lawsuit, filed in U.S. District Court, alleges that the ban violates the First Amendment, arguing that the measure shuts down a "forum for speech for all speakers on the app," singling out TikTok users for "disfavored treatment."

Among a host of other challenges, TikTok said the ban is preempted by federal law because it is attempting to address an issue rooted in national security that is handled by the U.S. government.

The Montana ban, the first measure of its kind in the U.S., does not prevent current users from accessing the app or penalize them for doing so.

Instead, the ban targets the availability of the app by threatening entities such as TikTok, Google and Apple with a $10,000 fine for each day that the platform remains accessible in app stores for users in Montana.

The ban takes effect in January 2024.

TikTok serves hundreds of thousands of users in Montana and more than 5,000 businesses, TikTok spokesperson Brooke Oberwetter previously told ABC News.

State officials will be able to enforce the law by observing whether app stores display TikTok for users in Montana, and the relevant companies should be largely capable of identifying where users reside and denying access accordingly, experts previously said.

https://abcnews.go.com/US/tiktok-su...QSZuJmUQVje28j0PVcQVsGt7W6lBhl_GXU-xaOHs

I believe this was the expected result of Montana's ban.

Yes as expected. Maybe they should just send this straight to the Supreme Court to save time and money. That’s where this issue is going to end up eventually anyways.

I can not see any way SCOTUS would accept this at this point. It will need to work the process, that is the way it works, even when it makes no sense or when it is obvious.