Montana’s Governor’s Changes To TikTok Ban Bill Would Ban All Social Media Entirely
“‘Surely,’ you might think, ‘that just covers the data platforms amass by monitoring and tracking us, right?’ Perhaps not. The bill doesn’t define the term, so who knows what it means in their heads. But we have an idea of what it means out in the real (online) world, by way of the regulations implementing the Children’s Online Privacy Protection Act (COPPA). Those regulations include in the definition of ‘personal information’ things like: First and last name; Online contact information; A screen or user name where it functions in the same manner as online contact information. In other words, the types of information that accompany virtually every piece of content posted on social media. If a platform allows that kind of information to be provided to any foreign adversary or a person or entity located within a foreign adversary, it is banned from Montana.
Do you know who might be persons located within a country designated as a foreign adversary? Users. Users who are provided the kinds of ‘personal information’ that are inherent in the very concept of social media. So, effectively, the bill would ban any social media company that allows any user in China, Russia, Iran, or Cuba to see content from a Montana user (and this is a generous reading, nothing in the bill seems to require that the data/information shared be from a Montana resident). On top of it, each time a user from one of those countries accesses content, platforms would be subject to a $10,000 fine. Do you know which platforms allow people in those countries to access content posted in the United States? All of them. Congratulations, Montana Governor Greg Gianforte. You just managed to accidentally ban all social media for Montanans. Good work.”
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