Enforcement Questions Dog State’s Proposed TikTok Ban

Photo by Matt Cardy/Getty Images

 

Connecting state and local government leaders

One expert derided legislation like Montana’s statewide ban on TikTok as unenforceable from a technological point of view. What's more, states acting individually to ban foreign-made technology can be problematic, researchers say.

Montana’s proposed statewide ban on TikTok and other social media apps still is unenforceable and technologically unsound, critics said, even after Gov. Greg Gianforte amended the legislation to widen its scope.

Originally, the ban prohibited mobile app stores from offering the TikTok app for users to download inside state lines and banned its use by state residents starting Jan. 1, 2024.

Gianforte amended the original bill to ban “social media applications that send data to foreign adversaries on all electronic devices,” per the revised text. The revisions also remove liability from the mobile app store operators, which would have been fined $10,000 a day for violating the law, including each time a user accesses the app. Individual app users would still not be subject to any fines.

But the bill still leaves unanswered questions about how the ban will be enforced. The bill text offers no specifics on enforcement, except to put the Montana Department of Justice in charge of it.

“This bill is breathtakingly obtuse in its approach,” said Andy Green, an assistant professor of information security and assurance at Kennesaw State University. “The legislators in Montana don't understand, and it's not surprising that legislators don't understand the intricacies of the internet.”

TikTok also criticized the bill’s lack of an enforcement mechanism in a statement when the bill passed last month. The company accused the legislation’s proponents of having “no feasible plan for operationalizing” it.

Spokespersons for the Montana Department of Justice and state Sen. Shelley Vance, who sponsored the original bill, did not respond to requests for comment on how they plan to enforce the proposed ban. Attorney General Austin Knudsen has said in previous public statements that the bill is necessary because the Chinese government uses TikTok to “spy on Americans by tracking locations and keeping other personal information.”

The best way to enforce a statewide TikTok ban would be to track users’ IP addresses. But John Perrino, a policy analyst at the Stanford Internet Observatory, said such tactics are typically not used at the state level but instead are applied by investigators trying to track criminal activity nationally. IP addresses also are an imperfect measure of someone’s location.

Perrino said it is no surprise to see bills like this one as children’s online safety issues have risen on lawmakers’ agendas. But, he said, there is “no clear way to take action” given the technological complexities.

“Implementation would be far more difficult than [elected officials] realize, because when you're doing any online safety legislation on the basis of age or location, that requires some way to collect information that verifies age or location,” he said.

Another—albeit less likely—method to enforce the ban could be mandating that Apple and Google build more location-tracking features into the apps found in their app stores. Those features could rely on GPS tracking or even triangulation from cell towers, but Green said it would be a big lift, even if Apple and Google were willing to bend to Montana’s will and not fight the requirements in court.

Changing the fundamental features of apps would be “very much like trying to reposition an oil tanker; it doesn't stop on a dime,” Green said. “It takes time, and that's assuming that they built their infrastructure in such a way that it can be modified in this aspect.”

The easiest workaround for users trying to skirt state-level bans would be to use a virtual private network, which replace a user’s IP address with the address of the VPN server, allowing users to mask their physical locations. Another scenario, which Perrino described as a “crazy idea,” is Montana residents driving into neighboring states to update or download the TikTok app.

That hypothetical situation, which Perrino described as “some kind of weird geotourism,” has echoes of the early days of Pokemon Go, where players would travel to specific destinations to catch certain characters in the augmented reality game. This type of geotourism might catch on, Perrino added, if more states prevent residents from accessing pornography.

The bans enacted by the federal government and many states outlawing the use of TikTok on government devices are easier to enforce. Half of states now prohibit the app’s use on internet-enabled devices they provide workers, and the ban is achievable due to centralized mobile device management.

“With official government devices, the IT department knows the device ID, and the IT department controls the network that you are connecting to,” Perrino said. “At a government level, it's far more difficult when you are trying to implement a ban or restrict access to the general public, particularly at a state level.”

Additionally, states acting individually to ban foreign-made technology can be problematic, researchers have warned. Jack Corrigan, a research analyst at Georgetown University’s Center for Security and Emerging Technology said earlier this year that there should be more transparency from the federal government on national security threats from tech, and that they should lead the way on bans.

While the national security concerns surrounding TikTok are valid, Green said the app itself is “no different from any other social media app” in the way it collects data on its users and how they interact with the app, and then monetizes that data to sell advertising.

“[Users are] the product being sold,” he said. “If you're not paying for the service, you're the product being sold. There is no such thing as a free lunch.”

X
This website uses cookies to enhance user experience and to analyze performance and traffic on our website. We also share information about your use of our site with our social media, advertising and analytics partners. Learn More / Do Not Sell My Personal Information
Accept Cookies
X
Cookie Preferences Cookie List

Do Not Sell My Personal Information

When you visit our website, we store cookies on your browser to collect information. The information collected might relate to you, your preferences or your device, and is mostly used to make the site work as you expect it to and to provide a more personalized web experience. However, you can choose not to allow certain types of cookies, which may impact your experience of the site and the services we are able to offer. Click on the different category headings to find out more and change our default settings according to your preference. You cannot opt-out of our First Party Strictly Necessary Cookies as they are deployed in order to ensure the proper functioning of our website (such as prompting the cookie banner and remembering your settings, to log into your account, to redirect you when you log out, etc.). For more information about the First and Third Party Cookies used please follow this link.

Allow All Cookies

Manage Consent Preferences

Strictly Necessary Cookies - Always Active

We do not allow you to opt-out of our certain cookies, as they are necessary to ensure the proper functioning of our website (such as prompting our cookie banner and remembering your privacy choices) and/or to monitor site performance. These cookies are not used in a way that constitutes a “sale” of your data under the CCPA. You can set your browser to block or alert you about these cookies, but some parts of the site will not work as intended if you do so. You can usually find these settings in the Options or Preferences menu of your browser. Visit www.allaboutcookies.org to learn more.

Sale of Personal Data, Targeting & Social Media Cookies

Under the California Consumer Privacy Act, you have the right to opt-out of the sale of your personal information to third parties. These cookies collect information for analytics and to personalize your experience with targeted ads. You may exercise your right to opt out of the sale of personal information by using this toggle switch. If you opt out we will not be able to offer you personalised ads and will not hand over your personal information to any third parties. Additionally, you may contact our legal department for further clarification about your rights as a California consumer by using this Exercise My Rights link

If you have enabled privacy controls on your browser (such as a plugin), we have to take that as a valid request to opt-out. Therefore we would not be able to track your activity through the web. This may affect our ability to personalize ads according to your preferences.

Targeting cookies may be set through our site by our advertising partners. They may be used by those companies to build a profile of your interests and show you relevant adverts on other sites. They do not store directly personal information, but are based on uniquely identifying your browser and internet device. If you do not allow these cookies, you will experience less targeted advertising.

Social media cookies are set by a range of social media services that we have added to the site to enable you to share our content with your friends and networks. They are capable of tracking your browser across other sites and building up a profile of your interests. This may impact the content and messages you see on other websites you visit. If you do not allow these cookies you may not be able to use or see these sharing tools.

If you want to opt out of all of our lead reports and lists, please submit a privacy request at our Do Not Sell page.

Save Settings
Cookie Preferences Cookie List

Cookie List

A cookie is a small piece of data (text file) that a website – when visited by a user – asks your browser to store on your device in order to remember information about you, such as your language preference or login information. Those cookies are set by us and called first-party cookies. We also use third-party cookies – which are cookies from a domain different than the domain of the website you are visiting – for our advertising and marketing efforts. More specifically, we use cookies and other tracking technologies for the following purposes:

Strictly Necessary Cookies

We do not allow you to opt-out of our certain cookies, as they are necessary to ensure the proper functioning of our website (such as prompting our cookie banner and remembering your privacy choices) and/or to monitor site performance. These cookies are not used in a way that constitutes a “sale” of your data under the CCPA. You can set your browser to block or alert you about these cookies, but some parts of the site will not work as intended if you do so. You can usually find these settings in the Options or Preferences menu of your browser. Visit www.allaboutcookies.org to learn more.

Functional Cookies

We do not allow you to opt-out of our certain cookies, as they are necessary to ensure the proper functioning of our website (such as prompting our cookie banner and remembering your privacy choices) and/or to monitor site performance. These cookies are not used in a way that constitutes a “sale” of your data under the CCPA. You can set your browser to block or alert you about these cookies, but some parts of the site will not work as intended if you do so. You can usually find these settings in the Options or Preferences menu of your browser. Visit www.allaboutcookies.org to learn more.

Performance Cookies

We do not allow you to opt-out of our certain cookies, as they are necessary to ensure the proper functioning of our website (such as prompting our cookie banner and remembering your privacy choices) and/or to monitor site performance. These cookies are not used in a way that constitutes a “sale” of your data under the CCPA. You can set your browser to block or alert you about these cookies, but some parts of the site will not work as intended if you do so. You can usually find these settings in the Options or Preferences menu of your browser. Visit www.allaboutcookies.org to learn more.

Sale of Personal Data

We also use cookies to personalize your experience on our websites, including by determining the most relevant content and advertisements to show you, and to monitor site traffic and performance, so that we may improve our websites and your experience. You may opt out of our use of such cookies (and the associated “sale” of your Personal Information) by using this toggle switch. You will still see some advertising, regardless of your selection. Because we do not track you across different devices, browsers and GEMG properties, your selection will take effect only on this browser, this device and this website.

Social Media Cookies

We also use cookies to personalize your experience on our websites, including by determining the most relevant content and advertisements to show you, and to monitor site traffic and performance, so that we may improve our websites and your experience. You may opt out of our use of such cookies (and the associated “sale” of your Personal Information) by using this toggle switch. You will still see some advertising, regardless of your selection. Because we do not track you across different devices, browsers and GEMG properties, your selection will take effect only on this browser, this device and this website.

Targeting Cookies

We also use cookies to personalize your experience on our websites, including by determining the most relevant content and advertisements to show you, and to monitor site traffic and performance, so that we may improve our websites and your experience. You may opt out of our use of such cookies (and the associated “sale” of your Personal Information) by using this toggle switch. You will still see some advertising, regardless of your selection. Because we do not track you across different devices, browsers and GEMG properties, your selection will take effect only on this browser, this device and this website.