[HN Gopher] TikTok is now banned in Montana
       ___________________________________________________________________
        
       TikTok is now banned in Montana
        
       Author : tortilla
       Score  : 151 points
       Date   : 2023-05-17 23:17 UTC (23 hours ago)
        
 (HTM) web link (www.theverge.com)
 (TXT) w3m dump (www.theverge.com)
        
       | unethical_ban wrote:
       | This sets a bad precedent and is also futile.
        
       | lazyeye wrote:
       | Why is this not a simple trade issue?
       | 
       | Why do we allow China to run their social media apps in the West
       | whilst they block all foreign apps within their own borders?
       | 
       | How is this remotely acceptable?
        
       | seanmcdirmid wrote:
       | And the old people in Montana wonder why kids move out of
       | Montana.
        
       | eimrine wrote:
       | Surveillance crisis or just a censourship?
        
         | dang wrote:
         | Please don't post the same thing twice! It makes merging
         | threads a pain.
        
       | zokula wrote:
       | [dead]
        
       | draw_down wrote:
       | [dead]
        
       | [deleted]
        
       | 1-6 wrote:
       | Some states are making desperate cries for help while federally,
       | there is little being done. It's good to see the republic still
       | functioning.
        
         | DubiousPusher wrote:
         | This is why the "legislating from the bench" criticism always
         | fell flat for me. America's legislative branch has been
         | deadlocked for 40 years. History abhors a power vacuum. When
         | one exists, the neighboring institutions will bend and stretch
         | to fill it, distorting themselves and the whole power structure
         | in the process.
        
         | anigbrowl wrote:
         | Desperate cries for help? What injury is Tiktok inflicting on
         | Montana?
        
         | kurthr wrote:
         | [flagged]
        
       | DanAtC wrote:
       | Is there a precedent of app stores needing to enforce app
       | restrictions on a state-by-state basis?
       | 
       | What if Apple protests and just disables their store in MT? It
       | would only impact at _most_ 500k people (population 1mm at 50%
       | market share, not accounting for demographics)
       | 
       | A huge number of angry Montanians who might vote their
       | representatives out, but a rounding error for Apple.
        
         | anonymouskimmer wrote:
         | Why would Apple do this to help a foreign company? They have
         | nothing to gain except a small amount of app store fees. And
         | they'd piss off a ton of Republican and some Democrat
         | lawmakers, not to mention the 80% of their customers who _don
         | 't_ use TikTok.
         | 
         | If Apple did do this to help a foreign company (or any
         | company), it would probably fall afoul of the law:
         | https://www.ftc.gov/advice-guidance/competition-guidance/gui...
         | 
         | > A firm's refusal to deal with any other person or company is
         | lawful _so long as the refusal is not the product of an
         | anticompetitive agreement with other firms_ or part of a
         | predatory or exclusionary strategy to acquire or maintain a
         | monopoly. (emphasis mine)
         | 
         | IANAL, so I'm sure there are other laws I am not aware of that
         | would squelch such a move.
        
         | threeseed wrote:
         | As countless developers have learnt over the decades: no app is
         | bigger than Apple.
         | 
         | They will never shut down their store because of TikTok.
         | 
         | And some people might protest but everyone else will quietly
         | switch to YouTube Shorts and Instagram Reels.
        
           | Jemaclus wrote:
           | While I agree with the "no app is bigger than Apple," I'm not
           | sure the TikTok ban is specifically about TikTok. This opens
           | the door to each state doing similar things for whatever they
           | want -- imagine Alabama banning period-tracking apps or
           | California banning Parler.
           | 
           | I'm not convinced Apple or Google want to be in the business
           | of state governments telling them what apps they can and
           | can't sell. Although I do concede that they do this at the
           | country level, so what's one more level of geo-restriction?
           | -\\_(tsu)_/-
        
       | 99_00 wrote:
       | It's interesting that some oppose Musk running Twitter, it's
       | moderation, policies, and alorithms because of his sympathies for
       | a mainstream American political party.
       | 
       | And at the same time carry water for TickTock who is legally
       | obligated to cooperate with China's intelligence service in any
       | way they require. Knowing that the Chinese regime runs genocidal
       | slave labour rape camps and will extract and sell your organs for
       | free speech and religious practices.
       | 
       | I suspect that they don't realize that the CCP controlling the
       | TickTock algorithms is more dangerous making the Q-anon shaman
       | product manager for the algorithms at meta, Google, and Twitter.
        
         | JohnFen wrote:
         | > because of his sympathies for a mainstream American political
         | party.
         | 
         | That's not generally why.
         | 
         | But I do agree to this extent -- if we're to be banning Tiktok,
         | we should be banning all social media companies, foreign and
         | domestic, that do the same as Tiktok does.
        
         | micromacrofoot wrote:
         | Seems like a little bit of a strawman, they're all bad.
        
           | 99_00 wrote:
           | Maybe i am misunderstanding. Are you saying that a CCP
           | controlled social media company is as bad to America as an
           | Elon Musk controlled social media company?
        
             | micromacrofoot wrote:
             | different varieties/severity, neither good - arguably Musk
             | is more directly harmful to Americans than Uyghur genocide,
             | (which most Americans probably aren't even aware of) but
             | it's not really an intelligent comparison and probably
             | results in more distracting infighting than anything
        
       | quantum_state wrote:
       | Blatant violation of constitutional rights... what a shame!
        
         | skrowl wrote:
         | [dead]
        
         | smoldesu wrote:
         | Nah, this is entirely our mistake. Our devices took away our
         | ability to choose what we install, and now certain individuals
         | get strongarmed like this and we lose our say. The shame is
         | that modern society went 10 whole years thinking this was a
         | smart move because Twitter wasn't shit and the news wasn't
         | scary enough yet.
        
         | nahnahg wrote:
         | [dead]
        
       | wnevets wrote:
       | Is this some that small government I've heard so much about it?
        
         | hiatus wrote:
         | Is this flamebait? What does this add to the discussion?
        
       | advisedwang wrote:
       | Everyone is talking about the app stores, but the wording of the
       | bill also seems to impose a duty on TikTok itself not to serve to
       | users in Montana. That seems like the biggest sledgehammer here.
       | I wonder about it's legality.
        
       | cma wrote:
       | Isn't this a bill of attainder?
        
         | Tangurena2 wrote:
         | Yes. It lists one single product. It tries to wrap some
         | semblance of legality by referring to 15 CFR 7.4 (a list of
         | foreign "adversaries"). If they really cared about such
         | legality, they'd have banned every app from every country in
         | that list (most of which would be illegal in the US anyway).
         | 
         | https://www.ecfr.gov/current/title-15/subtitle-A/part-7/subp...
        
       | hax0ron3 wrote:
       | Ah censorship, something that much of the left and the right can
       | agree on although they quibble about the details of exactly what
       | and when to censor.
        
       | [deleted]
        
       | Razengan wrote:
       | Oh fuck. Begun the censorship wars have.
       | 
       | Will more countries ban Facebook/Twitter/Reddit etc?
        
         | skrowl wrote:
         | [dead]
        
         | warning26 wrote:
         | Let's hope so!
        
       | ortusdux wrote:
       | Link to SB0419 text -
       | https://leg.mt.gov/bills/2023/billpdf/SB0419.pdf
        
         | bombcar wrote:
         | Goes live Jan 1, 2024! YouTube is gonna take this in the Shorts
         | ;)
        
       | Only_Spam wrote:
       | Why don't we make the analogy of TikTok to alcohol? Did people of
       | Montana voted for this or did Montana politicians follow their
       | donors' agenda? Is FB as dangerous or more dangerous as TikTok?
       | Why target TikTok?
        
         | Tangurena2 wrote:
         | Lobbyists demanded it. Kentucky passed something similar
         | earlier this year [0] - banning TikTok from state computer
         | networks. An amendment exempted universities from the ban, but
         | libraries are still blocked. It was signed by the governor on
         | March 23 and went into effect that day[1].
         | 
         | 0 - https://apps.legislature.ky.gov/record/23rs/sb20.html
         | 
         | 1 - normally, state laws go into effect at the end of the year
         | or end of legislative session (depending on the state
         | constitution) unless there is an "emergency" in which case it
         | goes into effect the day it becomes law.
        
       | sergiotapia wrote:
       | That's a shame because in a world of artificially inflated
       | 10-minute youtube videos, I really enjoy tiktok's to the point
       | short clips. If I want to see a review or a how-to or similar, I
       | go to tiktok first because they are from normal dudes and not big
       | channels that artificially pad their videos to 10 minutes for the
       | ads.
        
         | paulddraper wrote:
         | Youtube Shorts
         | 
         | If that's your thing
        
         | coldcode wrote:
         | And TikTok has no influencers, sure? At least on Youtube, you
         | can see who is paying them to shill you. Every video online is
         | potentially there to convince you to buy something, believe
         | something, or motivate you to do something to make the creator
         | money.
        
           | nkjnlknlk wrote:
           | I find the TikTok algorithm (perhaps not the platform) to be
           | superior at giving me content I like/need and from creators
           | that are (seemingly) authentic. I've seen far more diversity
           | on TikTok than YouTube and due to there being no thumbnails
           | or titles there is less clickbait.
           | 
           | That being said, TikTok's search capability is kind of
           | useless.
        
             | groggo wrote:
             | Seriously. I just like tiktok for scrolling through guitar
             | or cooking videos. I'm sure there's plenty of stuff on
             | youtube, but it's fun just to just scroll through a few
             | quick videos when you have a free minute. Those creators
             | don't have to be trying to sell me anything, they're just
             | getting me on the platform, then tiktok can show normal ads
             | every few videos.
        
       | swayvil wrote:
       | How do you ban an app?
       | 
       | Random phone inspection?
        
         | post_break wrote:
         | Ask Apple to remove it from devices with billing info in that
         | state. Fine Apple until they comply.
        
         | bedast wrote:
         | As noted in the article, it bans the app from the app stores,
         | not individual devices. It doesn't penalize individuals for
         | having and using the app.
        
         | Nifty3929 wrote:
         | [flagged]
        
           | ghettoimp wrote:
           | This is blatant misinformation.
           | 
           | "Penalties in this section do not apply to users of tiktok"
           | 
           | https://leg.mt.gov/bills/2023/billpdf/SB0419.pdf
        
         | galleywest200 wrote:
         | The bill states only downloads are banned, so probably just
         | remove it from the App Stores.
        
         | DubiousPusher wrote:
         | I imagine that they will go after the source. Basically Apple,
         | Google, Samsung and Microsoft will have to hide the app in
         | their respective stores for Montana users. That is, if there
         | isn't an injunction before it even goes anywhere.
        
       | cute_boi wrote:
       | What happened to freedom of speech. I thought many politician,
       | especially republicans cry for free speech.
        
         | Tangurena2 wrote:
         | They only "care" about it when it affects "conservatives".
         | Anything that the "left wing" uses (or cares about) must be
         | banned.
        
         | renewedrebecca wrote:
         | freedom of speech for _republicans_.
        
         | nicenewtemp84 wrote:
         | I don't think freedom of speech applies to foreign companies.
        
           | krapp wrote:
           | Freedom of speech is recognized as a universal human right
           | throughout the world, and American political philosophy
           | considers many rights mentioned in the Constitution as
           | applying universally as well.
        
             | nicenewtemp84 wrote:
             | What are you talking about? Tons of European countries have
             | zero concept of freedom of speech.
        
               | nicenewtemp84 wrote:
               | For those that don't believe me, go try to have a
               | discussion as skeptic of accuracy of Jewish deaths during
               | WW2. I'm not saying they're right, but there are several
               | things you can flat out go to jail for in the several
               | countries just for talking about.
        
               | krapp wrote:
               | I'm assuming your definition of free speech is the
               | absolute variety. If so, no country, including the United
               | States, has ever recognized freedom of speech as having
               | no limits, making it a useless definition in the context
               | of this conversation. There are always limits,
               | everywhere.
               | 
               | But it's obvious that European countries _have a concept_
               | of freedom of speech, just one you personally don 't
               | consider valid. But like the guy said, that's just, like,
               | your opinion, man. That concept is defined in the
               | Universal Declaration of Human Rights and international
               | law, as well as the EU Charter, and probably whatever
               | individual constitutions or bodies of law each country
               | has. It was established before the US came up with the
               | First Amendment, which was based on existing
               | Enlightenment philosophy.
        
           | aaomidi wrote:
           | It's easy to argue this is restricting free speech for the
           | American based users.
        
         | vnchr wrote:
         | I think there's some concern over manipulation of content and
         | surveillance of users by a foreign adversary.
         | 
         | The Wall Street Journal recently published this article that I
         | think shines a light on some major areas of concern.
         | 
         | "TikTok Feeds Teens a Diet of Darkness: Self-harm, sad-posting
         | and disordered-eating videos abound on the popular app" [0]
         | 
         | -- [0] https://www.wsj.com/articles/tiktok-feeds-teens-a-diet-
         | of-da...
        
           | space_fountain wrote:
           | There was a whole genre of news reports about YouTube
           | radicalizing people, but I don't recall people even really
           | talking about banning it
        
           | cute_boi wrote:
           | I read news like this for Instagram etc.. but it doesn't seem
           | to be banned.
        
         | unfunco wrote:
         | What does free speech have to do with this?
        
           | welshwelsh wrote:
           | Tik tok videos are speech, therefore banning tiktok is a
           | violation of free speech
        
             | himinlomax wrote:
             | You are free to post the exact same content on any other
             | platform. It's not the speech that's banned, it's the
             | platform.
        
             | nhinck2 wrote:
             | A bit of silly analogy but if a megaphone recorded
             | everything about the person speaking into it and forwarded
             | it to a semi-adversarial state, would banning that
             | megaphone be a violation of freespeech?
        
               | radu_floricica wrote:
               | Haven't read the bill, but I'll go on a limb and say it's
               | not written to apply to all apps owned by semi-
               | adversarial states.
        
               | nhinck2 wrote:
               | Of course, it's a hypothetical to tease out why people
               | think it's a violation of free speech.
               | 
               | A law this specific wouldn't even be valid I'm my
               | country.
        
               | Tangurena2 wrote:
               | It is substantially the same as the one passed in my
               | state. The first sentence of senate bill 419:
               | 
               | > _AN ACT BANNING TIKTOK IN MONTANA; PROHIBITING A MOBILE
               | APPLICATION STORE FROM OFFERING THE TIKTOK APPLICATION TO
               | MONTANA USERS_
               | 
               | https://leg.mt.gov/bills/2023/billpdf/SB0419.pdf
        
       | steviedotboston wrote:
       | Why should a state my Montana be leading the way on this?
       | Congress should have banned TikTok years ago. Anyways, good for
       | them.
        
       | mcast wrote:
       | How would this even be technically enforced? It seems TikTok
       | would have no reason to pay for any fines from the state.
        
         | pizzaknife wrote:
         | cloudfront could do it. imagine the partnership opportunities
        
         | stale2002 wrote:
         | The bill is targeting app store providers.
         | 
         | So, the way that it is enforced, is if the major app stores, do
         | not remove TikTok, then they get fined a bunch of money.
         | 
         | > It seems TikTok would have no reason to pay for any fines
         | from the state.
         | 
         | Well, ignoring the fact that this applies to app stores,
         | companies can't just ignore court orders.
         | 
         | If they do, then their bank accounts could be frozen. US banks
         | aren't going to ignore US court orders. Bank of America, or
         | whoever, is going to give that money to the government, when it
         | is ordered to do so.
         | 
         | I guess if Apple, and Google, want to shut down their US
         | operations, then that would allow them to avoid the fines.
         | 
         | But, I expect they won't do that, and will simply remove those
         | apps from their app store, for Montana residents.
        
       | stevefan1999 wrote:
       | And people would just use VPN to dodge this anyway just like how
       | people from Louisiana dodged PornHub ban.
        
       | bastardoperator wrote:
       | Queue the citizens of Montana leading the charge in "vpn"
       | searches on Google. Good luck Utah!
        
       | insomagent wrote:
       | What do I need to know, as somebody who doesn't live in the USA?
        
         | Minor49er wrote:
         | Everything that you need to know is conveniently provided
         | within the article
        
       | Andaith wrote:
       | "and demands mobile app stores make the app unavailable for
       | Montana residents."
       | 
       | Oh so now they've made an enemy of Google & Apples legal teams?
       | Because those two aren't going to want to set a precedent for all
       | sorts of bans across random jurisdictions.
        
         | [deleted]
        
         | citizenkeen wrote:
         | They already do? Plenty of apps are banned in various
         | countries, if I recall correctly.
        
           | nickthegreek wrote:
           | These are states... should there be city level bans too?
           | Where does it end. Now they need 50 different app stores just
           | for the US customers? Does DC get its own? How should we
           | handle IS territories... I think Apple and a Google have
           | plenty reason to fight this.
        
           | didntknowya wrote:
           | It's usually the publishers who choose what countries they
           | appear in rather than the store itself.
        
             | flangola7 wrote:
             | There's many country level bans by the store and have been
             | for years.
        
               | MichaelZuo wrote:
               | But no sub-national level bans, that are enforced, at
               | least from what I've heard.
        
       | dboreham wrote:
       | Installed the app last night. It would be interesting to see
       | their DAU graph for the state!
       | 
       | Something worthwhile noting here is that the usual "politicians
       | don't understand the technology" sentiment doesn't apply here
       | because our governor at least knows how to code Perl, and ran a
       | software company.
        
         | bioemerl wrote:
         | Why would you install that app on your personal phone? Even in
         | some misplaced sense of rebellion, you're basically inviting
         | spyware into your life.
        
           | asynchronous wrote:
           | Gonna back this up, from the security research I've read the
           | app *uploads* over 2gb of data once installed over the course
           | of one month, without any interaction at all from the user.
        
             | groggo wrote:
             | What is the data? Doesn't iOS limit access to anything
             | outside of the app? It has to ask to access contacts,
             | photos, location. If you just use it to scroll through
             | stupid videos, what does it even have access to?
        
               | asynchronous wrote:
               | IIRC the traffic is encrypted, all TCP/IP packets but
               | going to bytedance servers. Without interacting with the
               | app I have no idea what it could be sending but scary to
               | speculate.
        
               | groggo wrote:
               | please speculate. I just don't understand what it would
               | even have access to. Are you worried about it exploiting
               | iOS bugs? Otherwise it should only have explicit access
               | to what I grant, right? No audio, video, files, photos,
               | contacts, location.
        
               | paulddraper wrote:
               | > Are you worried about it exploiting iOS bugs?
               | 
               | Yes, or gathering information not blocked.
               | 
               | For example, you don't need iOS permission to get general
               | location information (IP address), or device fingerprint.
        
               | asynchronous wrote:
               | Right, in theory iOS should sandbox it. But all the other
               | functionality that's exposed is probably getting sent
               | over (think ip address, connection settings, iOS OS
               | fingerprint). My guess is most of that data is just a
               | keep-alive c2 style connection with ByteDance. Heaven
               | forbid the CCP develops some iOS zero days and then has a
               | list of every single iOS device that would be vulnerable
               | to it.
        
             | xster wrote:
             | are you referencing something specific?
        
         | AbrahamParangi wrote:
         | If anything, people who understand technology are _more_ wary
         | about social media and other digital addictions.
        
       | mock-possum wrote:
       | I don't like TikTok
       | 
       | But I don't like this
        
       | mateo411 wrote:
       | I think TikTok could easily make over $10000 a day from its
       | Montana Audience. Although this law likely violates the 1st
       | amendment, perhaps the best course of action is to either ignore
       | Montana or just cut them a check.
        
         | bsears wrote:
         | per violation per day could probably be interpreted as per user
        
           | mateo411 wrote:
           | If it's per user, than that won't be economical for TikTok.
        
       | chris-orgmenta wrote:
       | "Is there a good reason to ban TikTok?... the answer is still
       | "nobody knows."
       | 
       | I believe the second sentence answers the first, but not in the
       | way the author intended. I'm not fundamentally insisting that we
       | legally declare all data compromised until proven otherwise, but
       | there is reasonable risk here that we cannot assuage.
       | 
       | As for whether SB 419 can be upheld: Eh. ~50 states, one of which
       | is being used as a test here. Fine, that's one of the great
       | benefits of the state+fed system. This is probing and forcing
       | people to have the conversation, and that alone feels like this
       | is worth it. Of course I 'sacrifice' Montana residents with this
       | statement, which I arguably have no right to do.
        
         | klyrs wrote:
         | > Of course I 'sacrifice' Montana residents with this
         | statement, which I arguably have no right to do.
         | 
         | Unless you're a legislator in Montana, you don't bear an iota
         | of responsibility here.
        
           | chris-orgmenta wrote:
           | >you don't bear an iota of responsibility here.
           | 
           | Hmm, I think I do - A) as any bystander to any injustice, B)
           | If I have more knowledge on the industry than the average
           | person.
        
         | Tangurena2 wrote:
         | Every Republican controlled state passed some sort of TikTok
         | ban this year. TikTok has joined "transgender" and "abortion"
         | as the current moral panics driving right wing discourse &
         | legislation.
        
       | MikusR wrote:
       | Also Telegram
        
         | aaomidi wrote:
         | ?
         | 
         | Are you imagining that telegram is owned by putin
        
         | aaron695 wrote:
         | [dead]
        
       | [deleted]
        
       | aio2 wrote:
       | fuck
        
       | client4 wrote:
       | It's the beginning of States waking up and helping protect
       | citizens privacy when it comes to technology. Sure this is a one-
       | off directed at TikTok, but Montanan's have a constitutional
       | right to privacy that's being violated daily by technology
       | companies. Another great bill to check out is by State Senator
       | Daniel Zolnikov regarding consumer data privacy. I'm optimistic
       | for a future where I have a legally enforceable right to privacy.
       | Specifically one where I can use modern technology without the
       | depraved acceptance I'm giving up my digital privacy.
       | 
       | http://laws.leg.mt.gov/legprd/law0210W$BSIV.ActionQuery?P_BI...
        
         | [deleted]
        
       | caf wrote:
       | Bring on the Great Firewall of Montana!
        
         | nahnahg wrote:
         | [dead]
        
       | avn2109 wrote:
       | One underappreciated aspect of this is ban is that anyone who
       | wants Tiktok will just go download it in Wyoming or Idaho etc, as
       | it seems to be merely a ban on downloading the app, and not a ban
       | on Tiktok traffic itself. So the ban will have near zero actual
       | impact in practice (even if it somehow makes it into effect).
       | 
       | Furthermore, it's unclear if the web app of Tiktok will be
       | affected, or if it's only a ban on the mobile app.
       | 
       | Source: Am Montanan
        
         | TrainedMonkey wrote:
         | Disagree with zero impact, it is a question of accessibility.
         | Downloading an app is easy, going to another state to download
         | an app is significantly harder. You are right that this does
         | not stop determined people from downloading TikTok, but it
         | definitely will slow down user growth in Montana... and open
         | the door to further regulation in the future.
        
         | justin66 wrote:
         | > anyone who wants Tiktok will just go download it in Wyoming
         | or Idaho etc
         | 
         | Someone needs to setup a nonprofit that will transport a user's
         | phone to a free state and setup TikTok for a modest fee. The
         | nonprofit could use the money to reimburse the women and
         | transgender people who now need to travel to free states for
         | some of their health care.
        
         | activiation wrote:
         | > anyone who wants Tiktok will just go download it in Wyoming
         | or Idaho
         | 
         | Isn't it easier and cheaper to use a vpn?
        
         | greenhearth wrote:
         | The point of censorship is not really to ban something
         | outright. It's to show that a thing can be banned, that this
         | thing is not safe from just doing whatever it wants. It is
         | mostly to assert a dominance over a socio-cultural domain and
         | to establish an identity by negation. The initiators of the ban
         | probably do not believe the banning will work either. The main
         | point of the ban is the enforcement of the ban, not the ban
         | itself. It is also done out of fear, to undermine a disrupting
         | element of the established order, which Tik Tok certainly is. I
         | mean, it's pretty much brain poison lol
        
         | asynchronous wrote:
         | The ban itself seems more geared at restricting Bytedance's
         | ability to operate (and fine them) and less about preventing
         | the people of Montana from using it, especially since there's
         | no ISP or traffic restriction on it.
        
         | jasmer wrote:
         | It will have a big effect.
         | 
         | Information funnels don't work by such hyper rational actions
         | such as 'going to a different state to do something'.
         | 
         | That won't happen.
         | 
         | TT use will fall dramatically, and given the nature of 'tipping
         | points and critical masses' - it will change things.
         | 
         | The 'strategic' issue, is that this may be the US doing a bit
         | of 'dipping toes in the water' in a small state, before taking
         | broader action, which I think they will do.
        
         | falcolas wrote:
         | Last I heard, there was a "per use" fine for usage as well.
         | Honestly, I haven't looked at this farce of a bill since it was
         | first introduced.
         | 
         | EDIT:
         | 
         | S1: An entity violates this prohibition when any of the
         | following occurs within the territorial jurisdiction of
         | Montana:
         | 
         | (a) the operation of tiktok by the company or users; or
         | 
         | (b) the option to download the tiktok mobile application by a
         | mobile application store.
        
           | jameshart wrote:
           | "An entity" is defined as either TikTok, or an app store.
           | Individuals can not violate this statute.
        
             | falcolas wrote:
             | The entity is Apple/Google. But an end user using ticktok
             | constitutes a violation for which Apple/Google is liable.
        
               | anonymouskimmer wrote:
               | > (a) the operation of tiktok by the company or users; or
               | 
               | I don't see how _owners_ of iOS or Android phones can be
               | in any way said to be _users_ of Apple or Google. At best
               | this would apply to TikTok itself, or to companies which
               | supply phones to employees.
        
               | jameshart wrote:
               | If 'the company' (unclear who that refers to. Bad
               | statute-writing. Assume it means the same thing as entity
               | but a court could interpret it however it chooses) or a
               | 'user' (whoever that is) 'operates' the TikTok app in the
               | territorial jurisdiction of Montana (insert your own
               | interpretation of 'operate' and 'in') then _a violation
               | occurs_ for which 'an entity' is liable.
               | 
               | So if someone inside Montana launches the TikTok app on
               | an iPhone either an App Store (presumably Apple's) or
               | TikTok itself is liable for that violation.
        
           | avn2109 wrote:
           | The article claims "...will not impose any penalties on
           | individuals using the app". A commenter elsewhere in this
           | thread links to the law itself, which could presumably
           | disambiguate, though I've not read it.
        
             | falcolas wrote:
             | They plan to go after Apple and Google, fining them for use
             | and downloads.
        
           | onlyrealcuzzo wrote:
           | Does a state even have a right to do something like this?
           | 
           | Somehow, I feel like if California tried to ban Fox News - it
           | would not fly.
           | 
           | This doesn't seem that different, though I personally find it
           | amusing that it's coming from a conservative state.
           | 
           | I do agree TikTok is toxic trash - but I'd say the same about
           | Fox News - and it just doesn't seem like something a state
           | has the ability to ban.
        
             | falcolas wrote:
             | As I understand it, no. Montana would have to be
             | effectively regulating interstate trade since neither Apple
             | nor Google have offices here. Plus, the whole "negotiate
             | commerce and treaties with foreign entities" thing.
        
               | amanaplanacanal wrote:
               | The Supreme Court just upheld California rules about the
               | sale of pork. Looking at it strictly from the interstate
               | commerce view, this doesn't appear much different.
        
               | hiatus wrote:
               | Forget the pork, CA forces auto manufacturers to comply
               | with their emissions standards, too.
        
               | wombatpm wrote:
               | So can apple turn off all iphones in Montana in
               | retaliation. Bet it would be easier/cheaper to cut off
               | those customers than implement any changes. Android phone
               | makes could follow suit
        
               | falcolas wrote:
               | It'd be hard to identify a phone associated with a
               | "Montana citizen". Not impossible, but I think that based
               | on Apple and Google's comments on these laws that they
               | haven't built the functionality in.
               | 
               | GeoIP doesn't work because carriers (especially in
               | Montana) tend to assign IPs from surrounding states as
               | much as they do local cities. When I'm on the cell
               | network, I'm regularly identified as coming out of
               | Denver. Phone number area codes are equally useless,
               | since half the folks I know here in Montana have area
               | codes from outside states. GPS would be the best bet,
               | though I feel like even that would have some major
               | caveats (the use would have to be decoupled from the
               | location services controls/displays, something they don't
               | do for even their own apps right now).
               | 
               | Also, people rely on cellphones for emergency services. A
               | manufacturer shutting down phones would probably expose
               | them to some serious liabilities.
        
             | [deleted]
        
             | giraffe_lady wrote:
             | It's predictable that it's coming from a conservative
             | state. That they are broadly against using state power to
             | ban things is part of their identity and marketing but not
             | reality. Especially when it can be construed as a social-
             | moral problem.
        
               | claytongulick wrote:
               | Or, in other words, all "conservatives" don't necessarily
               | agree on or believe the same things, and this varies by
               | person and by region.
               | 
               | Like any political group, there's a wide variety of
               | ideas. Religious right folks get lumped together with
               | constitutional libertarians, but have very, very
               | different ideas on the proper limits of legislation and
               | government power.
               | 
               | And yes, there are both idiots and brilliant thinkers in
               | the Republican party (which !== 'conservative'). There
               | are very good ideas, and abominably stupid ones.
               | 
               | Much like any group of humans.
        
               | Volundr wrote:
               | I think there is still value in pointing out that the
               | Republican party line of individual liberties and small
               | government is nothing but marketing jingle. When it comes
               | down to brass tacks they are as quick to use the
               | government to crack down on an individuals choices as the
               | other guys.
        
               | claytongulick wrote:
               | You mean a political party has talking points that they
               | don't always live up to?
               | 
               | Next you'll tell me that there have been presidents that
               | haven't lived up to their campaign promises...
        
               | giraffe_lady wrote:
               | I'm not speaking about the validity of their ideas or the
               | cohesion of their group identity. Just pointing out that
               | their reputation as being universally against top-down
               | bans is not based on their actions when given the
               | capacity to enact top-down bans.
        
               | asynchronous wrote:
               | Yeah nothing like banning people from going to
               | restaurants without a state issued vaccine pass (we
               | didn't forget)
        
               | jameshart wrote:
               | I got my vaccine certificate from CVS. the state had very
               | little to do with it.
        
               | bmarquez wrote:
               | The State of California automatically issued digital
               | vaccine certificates. Basically QR codes that could be
               | read by a business with the appropriate hardware.
               | 
               | https://myvaccinerecord.cdph.ca.gov/
        
               | nkjnlknlk wrote:
               | Which part is not real? The vaccinations? Their effect on
               | spread? Their effect on symptoms?
        
               | giraffe_lady wrote:
               | I didn't claim no other groups use state power to ban
               | things. I'm pointing out that the idea that conservatives
               | are uniquely and generally opposed to it is fantasy.
        
               | asynchronous wrote:
               | On that we can wholeheartedly agree.
        
             | erehweb wrote:
             | Maybe, maybe not. The courts will decide. To those saying
             | it's obviously unconstitutional, remember that the
             | constitution is whatever five people on the Supreme Court
             | says it is.
        
               | [deleted]
        
             | HillRat wrote:
             | Unless they changed up the bill since I looked at it,
             | you've got a bill of attainder with serious Constitutional
             | issues, including First Amendment, due process, and dormant
             | Commerce Clause problems. It's very hard for me to see a
             | federal court letting this stand, even at a time where
             | every day brings another "federal court lets bad law stand"
             | story.
        
         | AbrahamParangi wrote:
         | These addiction apps rely on the activation energy to keep
         | slurping on the dopamine straw be ~0.
         | 
         | I bet if you forced a 10 second boot time to the app you would
         | reduce usage by 40%.
        
         | Taylor_OD wrote:
         | Also am Montanan and Wyoming or Idaho are far away for some of
         | us. I don't know many people who would drive multiple hours to
         | get an app. But sure, anyone who wants it badly enough will be
         | able to get it. It doesnt seem like the point is a total all
         | out ban though. It's a deterrent for the general public who
         | will default to not downloading now rather than defaulting to
         | downloading.
        
         | seanw444 wrote:
         | Or you could just not even need to go to another state. People
         | will learn to use a VPN.
        
       | aio2 wrote:
       | [flagged]
        
       | throwaway5959 wrote:
       | How is this constitutional?
        
         | Spivak wrote:
         | Wait for the lawsuit from the ACLU + collation to drop. It
         | likely isn't.
         | 
         | It's technically a secret that they're going to sue but
         | everyone already knows at this point so it's fine.
        
         | jfengel wrote:
         | "Constitutional" is what five members of the Supreme Court say
         | it is. I'm sure they can come up with reasoning either way.
         | 
         | I suspect most neutral observers would say it's
         | unconstitutional. But what they think does not matter.
        
       | hunglee2 wrote:
       | Controlling what people think is key to stable society. Great to
       | see the US learn from authoritarian regimes, a demonstration that
       | two way exchange between different political systems can have
       | positive outcomes
        
       | fnordpiglet wrote:
       | Can't wait for the injunction to hit in about 5 days.
        
       | edsimpson wrote:
       | Related, "Montana bans Telegram, WeChat, and Temu from government
       | devices"
       | 
       | https://www.theverge.com/2023/5/17/23727750/montana-bans-tel...
        
       | COGlory wrote:
       | Frustratingly, Gianforte has so far lived up to all my
       | expectations for him. I love Montana, it's a great and beautiful
       | place to live, but hilariously the California liberal migration
       | invoked a huge immune response turning an otherwise purple state
       | deep red and sending them off the deep end. Sucks to see this
       | happen.
        
       | JdeBP wrote:
       | The Guardian: https://news.ycombinator.com/item?id=35983009
       | 
       | Associated Press: https://news.ycombinator.com/item?id=35984728
       | 
       | New York Times: https://news.ycombinator.com/item?id=35983933
       | 
       | Politico: https://news.ycombinator.com/item?id=35984023
       | 
       | The Verge: https://news.ycombinator.com/item?id=35982447
       | 
       | NBC News: https://news.ycombinator.com/item?id=35982950
       | 
       | CNN: https://news.ycombinator.com/item?id=35982386
       | 
       | Wall Street Journal:
       | https://news.ycombinator.com/item?id=35981578
       | 
       | And now Reuters too. (-:
        
         | dang wrote:
         | Thanks! I think we've merged them all hither.
        
       | black_13 wrote:
       | [dead]
        
       | MisterBastahrd wrote:
       | I'm never going to give a single crap about TikTok specifically
       | being in the loving arms of the CCP as long as everyone else is
       | just collecting my data anyway to either bombard with ads or sell
       | to government entities. China is way down on my list regarding
       | potential hostile actors to my personal welfare.
        
       | cwillu wrote:
       | Need to add "here's what you need to know" to the automatic
       | clickbait remover.
        
         | Razengan wrote:
         | I find "Here's...." such an infuriating thing. Like, what, did
         | someone do "research" and see that it gets more clicks?
        
           | Kye wrote:
           | It's hard to find them these days, but some of the blogging
           | about blogging/internet marketing crowd used to post data on
           | headlines and what got clicks based on different sources like
           | Facebook and Twitter.
           | 
           | Examples from one of the larger still active blogs here: http
           | s://duckduckgo.com/?q=titles+site%3Ahttps%3A%2F%2Fmoz.co...
           | 
           | There were also lists of headline swipe files that provided
           | lots of templates.
        
         | dang wrote:
         | Looks doable. I've added it to my list. Thanks!
         | 
         | (Manually removed in the meantime)
        
           | proactivesvcs wrote:
           | I hadn't even noticed it was a feature. The fact that I am
           | not immediately turned off by the headlines here makes my
           | ignorance a surprise!
        
             | dang wrote:
             | It's one of those things that doesn't get noticed when it
             | works well, which we hope is most of the time. That has an
             | amusing side effect: the cases that people notice are the
             | ones that they don't like--those stand out like sore thumbs
             | --and this creates the feeling that the title edits are
             | always annoying and wrong. Which is true, if you don't
             | count any of the good cases!
             | 
             | Thus most of the comments about HN's title editing system
             | (software + mods) are about how awful and obviously
             | terrible it is, and comments like yours here are rarities.
             | 
             | In the end this is all priced in, so to speak, to HN's
             | system. The main thing is that the front page be mostly
             | free of misleading and/or linkbait titles and gimmicks. pg
             | used to describe it like this: we want the front page of HN
             | to look bookish. That is, it should look interesting to
             | people who like to read, and look boring to people who
             | don't.
        
       | moneywoes wrote:
       | Will this impact acquisition costs for d2c companies? Perhaps a
       | sign of more stages to come?
        
       | PraetorianGourd wrote:
       | It is not now banned, it is scheduled to be banned in January
       | 2024.
        
         | millzlane wrote:
         | Gives plenty of kids time to figure out how to use VPNs and
         | spawns a whole state of hackers.
        
       | usernew wrote:
       | While a dupe, there are thousands of users reading this site
       | sporadically - I've been on here over a decade and have never
       | seen either previous discussion. The site's fresh out of 1990
       | design is hostile towards navigation of anything beyond a few
       | pages of comments. If people discussed this enough in the other 2
       | threads, they can... gasp.. skip the discussion here.
       | 
       | so let me kick it off then. What exactly does this mean? To
       | illustrate my point, let's change the scenario. There's a small
       | town north of Chicago called Skokie. 100k people. Lets say they
       | pass a "law" to ban some app from Google's play store.
       | 
       | People in Montana should perhaps take their phone, ask it what a
       | computer is, listen to Siri's answer, then call 411 and ask them
       | how to open a pdf. Then they should shovel some cow dung - as is
       | daily life - and finally then they can pass some laws about cow
       | dung.
       | 
       | And now this, from the Australia lawmakers. Australia, the
       | Montana of the planet.
       | https://www.youtube.com/watch?v=8VB3uQHa14g
        
       | falcolas wrote:
       | My only consolation in this shitstorm is that it's been expanded
       | to include "all social media applications that collect and
       | provide users' personal information or data to a foreign
       | adversary, or a person or entity located within a country
       | designated as a foreign adversary."
       | 
       | So, yeah. I guess it's time to shut 'em all down.
       | 
       | Now we just wait for the "I didn't mean American companies"
       | retraction.
        
         | SideburnsOfDoom wrote:
         | Yep, the "lets ban TikTok because they're foreign and might
         | potentially misuse data." is a silly, shallow reaction that
         | doesn't deal with the real problems and the known, not
         | potential, issues. It seems like a distraction.
         | 
         | Data misuse is real concern. But TikTok is not the main
         | problem, it's industry-wide. A good Data Protection legislation
         | that applies to all, and is applied to TikTok if they warrant
         | it (and also to FaceBook, etc) and the next social media that
         | starts up next year, would be much better. EU GDPR style.
         | 
         | If none of these companies can live with that, then so be it,
         | shut 'em all down.
        
           | 99_00 wrote:
           | [flagged]
        
             | icecreamtoilet wrote:
             | [flagged]
        
         | brentm wrote:
         | The article I read in WSJ last night said otherwise. It said
         | that the lawmaker who introduced the bill wanted to modify it
         | to include that language but it was too late in the process to
         | do so. The lawmaker believed having the language would have
         | made it more easier to avoid legal scrutiny.
        
         | jameshart wrote:
         | Where do you see that? As far as I can tell from the Montana
         | legislature site, this motion to amend it along those lines
         | failed:
         | https://leg.mt.gov/bills/2023/AmdHtmH/SB0419.002.002.PDF
         | 
         | The 'current bill text' is this:
         | https://leg.mt.gov/bills/2023/billhtml/SB0419.htm
         | 
         | And what it covers is:
         | 
         | Tiktok may not operate within the territorial jurisdiction of
         | Montana. An entity violates this prohibition when any of the
         | following occurs within the territorial jurisdiction of
         | Montana:
         | 
         | (a) the operation of tiktok by the company or users; or
         | 
         | (b) the option to download the tiktok mobile application by a
         | mobile application store.
        
           | falcolas wrote:
           | Greg Gianforte's own words, as recorded here:
           | 
           | https://www.npr.org/2023/05/18/1176805559/montana-tiktok-ban
        
             | jameshart wrote:
             | Refers to a separate ban - just a gubernatorial directive -
             | that bans TikTok from government devices:
             | 
             | > Last December, Gianforte banned TikTok on state
             | government electronic devices. On Wednesday, he added that
             | the ban would expand to include "all social media
             | applications that collect and provide users' personal
             | information or data to a foreign adversary, or a person or
             | entity located within a country designated as a foreign
             | adversary."
        
               | falcolas wrote:
               | Hmm. It doesn't identify which ban, a good point.
        
               | [deleted]
        
         | JohnFen wrote:
         | That such bans don't include domestic companies spying on
         | people and providing that data to domestic entities says
         | everything about how bankrupt this whole thing is.
        
           | dkarl wrote:
           | Mainstream conservatives/Republicans swung hard in the
           | direction of supporting domestic spying and surveillance in
           | the early 2000s and have never swung back. They hate the
           | government but (with some justification) assume that law
           | enforcement is on their side.
        
             | JohnFen wrote:
             | > They hate the government
             | 
             | Judging by their positions and actions, they don't hate
             | government at all. They love government. They just hate it
             | when government doesn't enthusiastically support what they
             | want.
        
             | atdrummond wrote:
             | Given how much distrust there is of DHS/FBI among Trump
             | supporters/GOP base, I'm not sure this is true; especially
             | with many neocons returning to the Democratic Party they
             | came from originally.
             | 
             | Elected GOP officials are a completely different beast from
             | much of their own base.
        
               | dkarl wrote:
               | I'm making a generalization that doesn't include every
               | single element of the right, but these days the rhetoric
               | against federal law enforcement has no chance of getting
               | turned into policy. Distrust of government is an integral
               | part of conservative rhetoric, and incidents like Waco
               | and Ruby Ridge remain a cherished part of their
               | mythology, but there's a big difference between the
               | 1990s, when they were demanding investigations and
               | limitations on the FBI's power to surveil and act against
               | American citizens, and anytime since 9/11, when they have
               | wanted the FBI to have more power to surveil and act
               | against American citizens, even under Democratic
               | administrations.
               | 
               | You wouldn't be able to get Republican support for
               | reducing the power of federal law enforcement even if Joe
               | Biden died and Kamala Harris became president. Maybe
               | their paranoia would get sufficiently revived if they
               | were facing a President-Elect AOC in 2024... but I'd
               | rather not think about how they would behave under those
               | circumstances.
        
             | mortify wrote:
             | It would be nice if the Democrats would tear this down, but
             | they seem happy having the opportunity to spy domestically
             | now that it's in place.
        
           | AlexCoventry wrote:
           | That the US is illegally spying on its own citizens is bad,
           | but not as bad as allowing an explicitly hostile, autocratic
           | foreign power to turn a massive propaganda and surveillance
           | platform on US citizens.
           | 
           | The US has many problems, but I'd still rather live in its
           | admittedly somewhat rough approximation to transparent
           | liberal democracy than under a completely and explicitly
           | unaccountable regime like the Chinese Communist Party.
           | 
           | It would be foolish to allow the CCP to abuse our liberal
           | values in a way which undermines the security upon which
           | liberal society depends.
        
             | JohnFen wrote:
             | > the US is illegally spying on its own citizens is bad,
             | but not as bad as
             | 
             | I disagree. I think they're both roughly equally as bad.
             | 
             | > I'd still rather live in its admittedly somewhat rough
             | approximation to transparent liberal democracy
             | 
             | Me too! I'm not sure what the relevance of that is, though.
        
               | AlexCoventry wrote:
               | The relevance from my perspective is that I'm much more
               | alarmed by spying and manipulation by a hostile foreign
               | entity which explicitly places securing its own power
               | above all else, than I am by spying and manipulation by
               | agents of the US government, which is explicitly founded
               | on principles of transparency and accountability to its
               | citizens and has many institutional guardrails intended
               | to serve those principles, even if those guardrails
               | aren't fully effective. At least in the US there is the
               | _ideological possibility_ of peacefully voting in
               | representatives who would strengthen and improve those
               | guardrails. That 's not something an agent of the CCP is
               | even supposed or motivated to _think_ about.
        
             | drekk wrote:
             | The US has the grasp and reach to punish me based on things
             | about my privately generated data. The CCP has the grasp
             | but not the reach. They are entirely different threat
             | models. Neither one is excusable, but the US spying on me
             | is a lot more immediately applicable.
             | 
             | Also I find it funny to the point of parody that China is
             | the country under an unaccountable regime when they are
             | signatories to the Hague System. The United States and
             | Russian Federation are not, and the US goes so far as to
             | have an affectionately nicknamed "Hague invasion clause".
             | 
             | In my lifetime the US has invaded several countries and
             | replaced their democracies with friendlier governments. I'm
             | not sure how we get to stand on any moral high horse about
             | "liberal values". I'm not sure how leaving Libya with open-
             | air slave markets is reconciled under said values.
             | 
             | I hope one day people can look at their own governments
             | more critically than foreign ones, not least because our
             | own government is at least on paper allowed to exist via
             | consent of the governed.
        
               | AlexCoventry wrote:
               | I agree that these are all terrible things about the US
               | which need to change, but at least we have the
               | institutional tools to effect that change, if we can
               | muster the political will. Any power the CCP establishes
               | will be far more immutable and hostile to critique or
               | adjustment.
        
               | throwawaymaths wrote:
               | > The CCP has the grasp but not the reach.
               | 
               | CCP has extraterritorial police stations that regularly
               | surveil the Chinese diaspora and have sent agents to
               | assault individuals. It's particularly bad for expats
               | with domestic families, expats are known to be challenged
               | or coerced using the threat of harm to family members.
               | It's especially bad for uighur and tibetan expats.
               | 
               | Here's the thing. The US has certainly done bad shit. By
               | and large it reckons with it and is subject to corrective
               | action. And we see the effects of that: The current
               | administration (so far) _and_ the previous administration
               | have not started wars in any new countries. Libya was
               | less bad than Iraq was less bad than Vietnam. The
               | direction of us policy is _getting better_. The direction
               | of Chinese foreign policy is _getting worse_ and their
               | domestic policy is trending genocidal, and there is
               | limited internal dialogue and thus less of a forcing
               | function for amelioration (Hard to make that comparison
               | since CR policies killed millions more than genocide,
               | albeit indiscriminately)
               | 
               | > I hope one day people can look at their own governments
               | more critically
               | 
               | Yes, I hope that one day too, Chinese citizens can look
               | at their country in as critical a way as us citizens can.
        
               | zanellato19 wrote:
               | > By and large it reckons with it and is subject to
               | corrective action.
               | 
               | What kind of corrective action? The US has never faced
               | any backlash for helping Brazil (my country) to maintain
               | a dictatorship because of communism fears, for example.
        
               | throwawaymaths wrote:
               | Corrective action != Punishment. The US really doesn't
               | seem to do as much of that stuff these days. It's very
               | unpopular and not doing these things any longer is in
               | bipartisan political discourse. Do you disagree?
        
           | quest88 wrote:
           | Please be clear what you're talking about. There's a
           | difference between "service providing targeted advertising
           | based off what it knows about you" and "service that sells
           | data it has collected about you". The former wouldn't sell
           | that data, because it's their most valuable asset.
        
             | JohnFen wrote:
             | Yes, those two things are different, but I don't think that
             | difference really matters that much.
        
               | falcolas wrote:
               | I agree, this is a distinction without a difference,
               | especially if your aim is to prevent influencing
               | discussion and policies.
               | 
               | An ad targeted at "young democrats" and sending targeted
               | emails to "young democrats" has the same effect (one
               | could argue that the ad would be more effective since
               | it's less easily filtered out)
        
       | exabrial wrote:
       | good, please ban facebook next.
        
       | mikece wrote:
       | Tomorrow's story: "Residents of Montana discover VPNs and how to
       | use them!"
       | 
       | Between Utah and Montana the awareness and use of VPNs is rising
       | among the non-security-conscious, and this is a good thing.
        
         | threeseed wrote:
         | VPNs don't help in this case.
         | 
         | You would need to setup a new Apple ID/Google account with no
         | credit card billing information.
         | 
         | And then deal with all of the inconvenience that entails i.e.
         | no more paid apps, need to cancel subscriptions etc.
        
         | jliptzin wrote:
         | The party of "small government" just continuing about their
         | usual business...
        
         | woooooo wrote:
         | I saw a BBC story the other week bemoaning how state college
         | students were circumventing firewalls of foreign media using
         | VPNs.. the irony seemed to be lost on them.
        
         | mmh0000 wrote:
         | So, I avoided VPNs for years because they had no practical
         | benefit. I live in Utah, and I would consider myself very
         | technically adept. Previously, I didn't like "VPNs" because now
         | I'm just routing all my traffic through another untrusted 3rd
         | party. It's like choosing between two evils, would I prefer my
         | ISP knows where I go, or some rando that I also have to pay?
         | Worse, the "rando" (usually) requires a VPN app which could get
         | up to all sorts of fuckery. So. yada yada yada.
         | 
         | Well, then, two things happened back-to-back. The VPN provider
         | Mullvad was unsuccessfully raided, and Utah passed hyper-
         | totalitarian laws. On the recent PR news, I investigated
         | Mullval, and... they're fantastic. You don't have to use their
         | app; they support straight openvpn or wireguard and are Linux
         | native. AND I can pay them in BTC, further obscuring myself.
         | 
         | Because of Utah's law, the vast majority of my traffic is now
         | directed over a VPN. I don't even really go to porn sites all
         | that often. It's more the principle of it.
         | 
         | The more the state pushes to limit and remove freedoms, the
         | more I will do everything in my power to push the other way.
         | It's the Hacker Mindset =D
        
           | Jemaclus wrote:
           | I generally have the same thought process (rather go through
           | ISP than VPN) but one angle of this thought that I've
           | struggled with is: what makes my ISP any less of a rando than
           | the VPN that I choose? At least I have more choices with my
           | VPN than with my ISP...
           | 
           | ...but I still haven't bitten the bullet on a VPN yet.
        
           | throwaway5959 wrote:
           | What's your threshold for leaving the state?
        
       | [deleted]
        
       | ChikkaChiChi wrote:
       | Has the government provided a state-approved application that
       | replicates what the consumers want from TikTok? If not, people
       | will find a way around this like they always do.
        
       | tremere wrote:
       | I don't know if this is the right call, since it opens up a can
       | of worms. Since it might affect free speech as a constitutional
       | right it might make it to the Supreme Court, which might be
       | interesting.
        
       | tiedieconderoga wrote:
       | >The law specifies that no penalties apply to users of TikTok.
       | But app store operators and TikTok itself could face fines of
       | $10,000 per violation per day, with an individual violation
       | defined as "each time that a user accesses TikTok, is offered the
       | ability to access TikTok, or is offered the ability to download
       | TikTok."
       | 
       | Sounds like a money-printing machine.
        
         | proxiful-wash wrote:
         | It sounds like people are standing up to psychological
         | manipulation? please everyone vote to end this in your state
         | also.
        
           | unethical_ban wrote:
           | Why not advocate for general phone privacy laws? Why can't
           | apps that require geo data use location then discard it? Why
           | can't users decide?
           | 
           | Because these laws don't care about privacy if American
           | companies and government reap the data.
           | 
           | I think TikTok is malware, _and_ I think the reasons the US
           | wants to ban it are self serving. Not how the RESTRICT act
           | bans VPNs, for goodness sake.
           | 
           | I am highly skeptical of government making a coherent privacy
           | bill that isn't a backdoor to more domestic surveillance.
        
           | krapp wrote:
           | No. Although I'm a Texan, it'll probably happen anyway if it
           | hasn't already and my vote doesn't matter. I don't want the
           | government deciding what software I'm allowed to use and what
           | forms of speech and entertainment I'm allowed to expose
           | myself to.
           | 
           | And I notice none of these conservatives are talking about
           | banning Twitter anymore - which is far more psychologically
           | manipulative than TikTok - now that one of their own has
           | taken it over to push as much right-wing propaganda on it as
           | possible, just to hassle the "woke hivemind."
           | 
           | I'm fine with app stores making the decision on their own but
           | I prefer to not throw the entire framework of free speech out
           | the window just because stoking fear of the "red menace"
           | still works in the US.
        
           | nickthegreek wrote:
           | Then ban the psychological manipulation. Not one company. And
           | good luck defining that term legally without running afoul of
           | the constitution.
        
       | jameshart wrote:
       | The actual legislation:
       | https://leg.mt.gov/bills/2023/billpdf/SB0419.pdf
       | 
       | Seems facially unconstitutional. Will maybe force a proper court
       | decision on whether the _Bills of Attainder_ clause applies to
       | corporations.
       | 
       | Why are legislators so focused on banning TikTok, rather than
       | regulating _whatever it is that TikTok does_ that they don 't
       | like?
       | 
       | Don't like data about your constituents being in the possession
       | of a company with ownership ties to the Chinese government or
       | communist party? Do the work to describe what kind of 'ties' are
       | the ones that worry you, what kind of entities are the ones you
       | don't like, what kind of data you don't like being in their
       | hands, and write a law that codifies that.
        
         | mullingitover wrote:
         | > Why are legislators so focused on banning TikTok, rather than
         | regulating whatever it is that TikTok does that they don't
         | like?
         | 
         | Because a foreign company succeeded in the US. If Tiktok had
         | simply done what the US wanted, and done a fire sale to a US
         | company, Tiktok would be welcomed with open arms and there
         | isn't a privacy violation the company could commit that would
         | get it into real legal trouble. Tiktok would be deeply embedded
         | in society and not having it would be like not having a
         | telephone number.
         | 
         | The Tiktok situation is what US companies face around the world
         | when they enter a foreign market and dominate (see:
         | Facebook/Google and GDPR, or Apple being forced to allow other
         | app stores on the iPhone by the EU). Those countries suddenly
         | discover they have _principles_ and vigorously enforce them.
         | This is just the first time that the US has been walloped so
         | badly in this game that it 's been forced to discover
         | principles, too.
         | 
         | Regulating what Tiktok does that they don't like is too hard,
         | we might end up harming US companies that do the exact same
         | things. So the lazy workaround is to make noise about the
         | principles but then just target the company directly.
        
         | edgyquant wrote:
         | Countries have the right to ban foreign adversaries. US
         | companies are a different problem with different solutions.
        
           | jameshart wrote:
           | Do _states_?
           | 
           | (edit - oops, see correction below) There's nothing in this
           | law that would unban TikTok if its ownership were transferred
           | to a US corporation.
        
             | jameshart wrote:
             | Actually - correcting myself. There IS a clause that unbans
             | TikTok on ownership transfer. I didn't read far enough
             | down:
             | 
             | > Section 4. Contingent voidness. [This act] is void if
             | tiktok is acquired by or sold to a company that is not
             | incorporated in any other country designated as a foreign
             | adversary in 15 C.F.R. 7.4 at the time tiktok is sold or
             | acquired.
             | 
             | If TikTok is transferred to a company not owned by China
             | the act goes away.
             | 
             | So they could just do that, then reacquire the company and
             | this law vanishes in a puff of logic.
        
               | anonymouskimmer wrote:
               | The law would still be on the books. Presumably it would
               | become non-void, and immediately active, if a Chinese
               | company repurchased TikTok from a non-Chinese company.
               | Much like unconstitutional laws prohibiting abortion
               | became immediately active again after the recent Supreme
               | Court ruling.
        
             | JdeBP wrote:
             | Yes there is. It's right there in section 4.
        
             | falcolas wrote:
             | As I understand it, nope. States can't negotiate treaties
             | on the US' behalf. Commerce and sanctions would fall under
             | that as I understand it.
             | 
             | States also can't regulate interstate trade, which I
             | believe trying to penalize Apple and Google would
             | constitute, since neither has a office in Montana.
        
               | hiatus wrote:
               | Why can California require auto manufacturers to comply
               | with their emissions standards if it is in effect
               | regulating interstate trade?
        
               | webstrand wrote:
               | Couldn't it target the shops and companies that sell
               | devices with Apple/Google app stores on them, instead?
        
           | hotpotamus wrote:
           | What makes a company a "US Company"? Aren't the big social
           | media companies all global with offices in the US and most
           | other countries? I get that a lot were founded here, but I
           | don't get the impression that they feel that they derive any
           | particular allegiance to the US because of that. Isn't it to
           | the shareholders?
        
           | anigbrowl wrote:
           | Montana isn't a country.
        
           | logicchains wrote:
           | >Countries have the right to ban foreign adversaries
           | 
           | This is the same logic that China uses to ban all western
           | apps. Fortunately in the west, countries don't have rights,
           | people do, and citizens generally have the right to run
           | whatever software they want on the hardware devices they own.
           | Governments that violate such rights get challenged in court.
        
             | amanaplanacanal wrote:
             | Aren't there other foreign goods that you can't get in the
             | United States?
        
             | stale2002 wrote:
             | > citizens generally have the right to run whatever
             | software they want
             | 
             | Fortunately this isn't a restriction on citizens.
             | 
             | Instead, is a law regulating businesses.
             | 
             | We have all sorts of laws, regulating businesses, all the
             | time.
        
         | markdeloura wrote:
         | Agreed! But it's always so much easier to ban and get credit
         | for "protecting Americans" than do the work and build a solid
         | base for the future. We should hold our politicians to a higher
         | standard.
        
         | JumpCrisscross wrote:
         | > _Why are legislators so focused on banning TikTok, rather
         | than regulating whatever it is that TikTok does that they don
         | 't like_
         | 
         | There are two issues with TikTok: privacy and national
         | security. The latter is what this is about. (Related to _e.g._
         | our foreign media ownership rules.)
         | 
         | The federal legislation is trying to create an extensible
         | system for forcing divestiture based on requirements you
         | describe. This is more ham fisted.
        
           | mlyle wrote:
           | There's also the third issue, which is much more problematic
           | to fix with regulation: short-form video is absolutely
           | _killing_ youth attention span. I know students who will ask
           | another student a question, and then lose focus and zone out
           | within literally 3 seconds and not hear the answer. This was
           | not nearly as prevalent a decade ago.
        
             | nickthegreek wrote:
             | And the 4th option - it's eating American companies lunch
             | and apparently the free market party thinks it's now okay
             | to take away things from its citizens based on
             | scaremongering and innuendo.
        
             | JumpCrisscross wrote:
             | > _the third issue, which is much more problematic to fix
             | with regulation: short-form video is absolutely killing
             | youth attention span_
             | 
             | We age gate tobacco, alcohol and even pornography. Is it
             | impermeable? Of course not. Does it prevent Adam Mosseri
             | from contemplating PornHub for Kids [1]? Yes.
             | 
             | [1]
             | https://www.washingtonpost.com/technology/2021/10/27/adam-
             | mo...
        
             | rafaelero wrote:
             | Then ban all social media altogether.
        
             | JohnFen wrote:
             | But this ban clearly has nothing to do with that, because
             | it's only about Tiktok and ignores all other short form
             | video.
        
               | mlyle wrote:
               | Yes. It also has little to do with the other point the
               | parent of my comment mentioned (privacy), as they said.
        
       | lykahb wrote:
       | I hope that this shifts the Overton window toward discussion
       | about banning facebook, twitter and instagram. They play a major
       | role in exacerbating the divisions in the society and the rising
       | suicide rate. Those domestic platforms do a better job at
       | undermining the national security than any foreign force could
       | dream of.
        
         | CamperBob2 wrote:
         | How do you reconcile this position with the First Amendment?
        
           | lykahb wrote:
           | The First Amendment guarantees freedom of expression by
           | prohibiting Congress from restricting the press or the rights
           | of individuals to speak freely. It is open to interpretation,
           | but banning social platforms that do not create their content
           | is not the same as censoring the press.
           | 
           | At the time the amendment was conceived, it was unimaginable
           | to have a nation-wide entity that threatens the freedom of
           | expression other than the government. So, it may actually be
           | in spirit of the First Amendment to control the entities
           | which promote and censor public discourse according to their
           | opaque internal algorithms.
        
             | [deleted]
        
           | karaterobot wrote:
           | There's nothing in the law, as far as I am aware, that
           | requires an otherwise banned enterprise be allowed to operate
           | because it also allows people to speak freely on the
           | premises.
        
           | urmish wrote:
           | A platform that allows unhinged free speech would be more in
           | line, but tech players wouldn't pursue it citing hate
           | speech/advertisements and would outright ban it.
        
           | jareklupinski wrote:
           | From the Constitution:
           | 
           | > Congress shall make no law respecting an establishment of
           | religion, or prohibiting the free exercise thereof; or
           | abridging the freedom of speech, or of the press; or the
           | right of the people peaceably to assemble, and to petition
           | the Government for a redress of grievances.
           | 
           | There is nothing there that explicitly grants private
           | enterprises the right to store, sell, and manipulate your
           | free speech.
        
             | krapp wrote:
             | >There is nothing there that explicitly grants private
             | enterprises the right to store, sell, and manipulate your
             | free speech.
             | 
             | ... because the Constitution limits _the government._ It
             | doesn 't grant rights to private enterprise or the people
             | (of which private enterprise is a superset.)
             | 
             | Note the Ninth and Tenth Amendments, which _explicitly_
             | state that the rights listed in the Constitution are not
             | exhaustive, and that all such rights not enumerated in the
             | Constitution are granted to the states and the people.
             | 
             | So the right of private enterprise to store, sell and
             | "manipulate your free speech" (which is just a bad faith
             | framing of moderation as a violation of civil rights) is
             | _implicit_ to the right of free speech itself, a right
             | which is neither defined by, and which cannot be limited
             | by, the First Amendment to begin with.
             | 
             | Although yes, there are limits even within the US, those
             | limits are usually very strictly scrutinized. Banning all
             | major social media platforms because "They play a major
             | role in exacerbating the divisions in the society and the
             | rising suicide rate" on the basis that the Constitution
             | doesn't explicitly say you can't is blatantly contrary to
             | the spirit of the First Amendment and the whole philosophy
             | of free speech in American law.
        
               | paulddraper wrote:
               | Note: Ninth Amendment isn't legally meaningful, just
               | morally meaningful.
               | 
               | The authors believed in natural God-given rights. They
               | didn't want a certain rights being legally enforceable to
               | give moral carte blanche to everything else.
               | 
               | The legal applicability of the Ninth Amendment is similar
               | to that the Preamble.
        
               | dragonwriter wrote:
               | > Note the Ninth and Tenth Amendments, which explicitly
               | state that the rights listed in the Constitution are not
               | exhaustive, and that all such rights not enumerated in
               | the Constitution are granted to the states and the
               | people.
               | 
               | That's wrong on the Ninth and Tenth: the Ninth Amendment
               | says that enumerated _rights_ don't limit other rights of
               | the people that exist (the purpose of this was that the
               | Constitution wasn't a "blank slate" document, there was
               | law existing before it which established rights, and
               | Ninth Amendment was to make clear that the Constitution
               | did not extinguish them, it doesn't give anything at all
               | to states; the Tenth Amendment, which does address
               | states, says all _powers_ (not rights) not granted to the
               | federal government by the Constitution are reserved to
               | the states or the people.
               | 
               | > So the right of private enterprise to store, sell and
               | "manipulate your free speech" (which is just a bad faith
               | framing of moderation as a violation of civil rights) is
               | implicit to the right of free speech itself
               | 
               | No the right to conduct commerce that relies on doing
               | this is not inherent in either the First Amendment nor is
               | such conduct of commerce, insofar as it has an interstate
               | character, protected from federal regulation by the 9th
               | and 10th Amendments, because regulating interstate
               | commerce is an explicit power of Congress.
        
               | krapp wrote:
               | I mean, even given how badly the Commerce Clause has been
               | abused at this point, I'm incredulous that it should
               | allow the government to ban social media platforms at
               | will simply because bits travel through the series of
               | tubes across state lines.
               | 
               | Particularly since, if that were the case, porn would
               | have been banned under that rationale ages ago. If free
               | speech protects the likes of Larry Flynt and Vice it
               | obviously protects Facebook and Twitter.
        
           | yamtaddle wrote:
           | The first amendment doesn't necessarily protect being-an-
           | incredibly-invasive-and-creepy-stalker-with-an-eternal-memory
           | (but "at scale", which apparently makes it OK somehow?)
           | 
           | The business model is what would be at risk, not Facebook's
           | free speech.
        
       | viraptor wrote:
       | Slightly off topic - I'm not sure I've heard the gov stating it
       | plainly in the recent years: "the People's Republic of China is
       | an adversary of the United States" (from the bill). Did I just
       | miss it / glance over, or is this out of character for officially
       | released gov documents?
        
         | organsnyder wrote:
         | The state of Montana doesn't speak for the federal government.
        
           | tcfunk wrote:
           | Federal gov employees also can't use tiktok on any device
           | that is in the general vicinity of gov property.
        
             | anigbrowl wrote:
             | Sure, but the federal government isn't trying to forbid the
             | American public from deciding what private decisions to
             | make.
        
             | lotsoweiners wrote:
             | Yeah. A lot of state and other local government are coming
             | out with these policies as well. In Arizona we aren't
             | allowed to have TikTok on any government issued devices or
             | on any device that accesses government resources (so
             | personal device that you use to access work gmail or
             | outlook).
        
         | woooooo wrote:
         | I wonder how many Chinese-manufactured goods the state of
         | Montana bought yesterday while issuing this statement.
        
           | bioemerl wrote:
           | Chinese subsidy and abuse of global trade systems is a big
           | part of what makes them an adversary.
        
           | throwawaymaths wrote:
           | Things are changing. Today I went to buy a water bottle. Name
           | brand, made in China: $8. Generic, made in USA: $4.
        
           | oh_sigh wrote:
           | The $5/dozen t-shirt has little possibility of collecting
           | private data and sending it to the mother ship
        
             | runarberg wrote:
             | How does a hypothetical data collection warrant a ban,
             | while a real illegal data collection associated with
             | illegal voter manipulation and illegal campaign financing,
             | like the Cambridge Analytica--a British company--scandal,
             | doesn't?
        
               | oh_sigh wrote:
               | Well, Cambridge Analytica has been disbanded since 2018
               | so there would be little use in banning it.
        
               | [deleted]
        
               | eric_h wrote:
               | I suspect there's at least some "think of the children"
               | motivation behind this, even if it's not explicit.
        
           | throwuwu wrote:
           | Trading with your adversaries is a good way to not start a
           | war.
        
             | jeswin wrote:
             | A $250b/year trade deficit will weaken you over time while
             | you might just be kicking the can down the road. The
             | generation having to fight the war will have lesser chances
             | of winning it.
             | 
             | Trade (especially massively imbalanced trade) with a
             | communist dictatorship is not a good idea.
        
               | drekk wrote:
               | "The United States is also a one-party state but, with
               | typical American extravagance, they have two of them." -
               | Julius Nyerere, first president of Tanzania
        
             | dkarl wrote:
             | It can cut both ways, though. If your primary source for a
             | crucial resource is a country that could potentially
             | benefit from harming you, that can be strategically
             | intolerable and eventually lead to finding an excuse to
             | start a war.
        
           | 99_00 wrote:
           | Can state how your wondering is relavant or what argument or
           | point you are alluding to?
        
           | xeromal wrote:
           | I've you've never had to do business with people you don't
           | like, color me impressed
        
             | jobs_throwaway wrote:
             | People you don't like =/= adversaries
        
           | TrueGeek wrote:
           | "the People's Republic of China is an adversary of the United
           | States"
           | 
           | - sent from my iPhone
        
             | bioemerl wrote:
             | They threaten regularly to go to war with us over Taiwan.
             | People before WW1 thought war was impossible thanks to how
             | the economy was so interconnected.
             | 
             | Russia invaded Ukraine despite how tied they were to Europe
             | economically.
             | 
             | To suggest China can't be an adversary just because we
             | trade is a blunder made many times in history, and it
             | fails, time and time again. Don't fall for it.
        
               | px43 wrote:
               | No one is saying that China _can 't_ be an adversary.
               | People are saying that maybe US politicians shouldn't be
               | blatantly labeling them as an adversary just to score
               | some sinophobic rageporn points with Fox News viewers.
        
               | colpabar wrote:
               | Don't worry - as soon as the american war machine gets
               | the green light everyone else will become hawkish
               | sinophobes too. Many such cases.
        
               | orangecat wrote:
               | _sinophobic rageporn_
               | 
               | Yes, if the genocidal tyrants in Beijing were white we'd
               | have no problem with them.
        
               | linhns wrote:
               | China is an adversary and has been for a long time for
               | many countries. They don't say that for no good reason,
               | and yes, it's not about sinophobia.
        
               | bioemerl wrote:
               | > No one is saying that China can't be an adversary.
               | 
               | I think anyone who says they aren't is lying to
               | themselves.
               | 
               | This is a far bigger trend than just some fox News
               | viewers. Opposition to China has become bilateral and is
               | very well supported by most in America.
               | 
               | You can only spend so long pretending to be a friend
               | while also opposing the United States in basically every
               | possible way until the United States wakes up and calls
               | the quacking thing a duck. Seeing reality, we are burning
               | bridges.
               | 
               | TikTok is one of those bridges. The chip export bans are
               | another. Expect them to continue until China's trade with
               | America resembles our trade with the soviets in the 80s.
        
               | woooooo wrote:
               | They're mostly the same country they were 10 years ago.
               | Compare the media coverage then and now -- they didn't
               | change, we just ran out of war on terror and needed a new
               | enemy.
        
               | bioemerl wrote:
               | > They're mostly the same country they were 10 years ago.
               | 
               | Oh, I strongly agree with you there. This was obvious in
               | 2013 as well.
               | 
               | Xi and his arrogant actions on the world stage have been
               | a big help in creating opposition though.
        
               | mattwest wrote:
               | Then don't compare the media coverage. Instead look at
               | the actions of both countries. Read proposed legislation
               | from US lawmakers going back almost two decades
               | addressing the game theory between both nations. Read
               | about the rampant IP theft that China has committed over
               | the years, particularly in US-tax funded institutions.
               | The US is simply planning ahead and severing ties which
               | have kept us in a compromised position.
               | 
               | Sure, maybe some people are warhawking but most of the
               | concerned people are focused on trade dependence and
               | worried that China will take over Tiawan's production as
               | a last resort. Is that an unreasonable view? What happens
               | if they do decide to do that? Just let them do it?
        
               | taylodl wrote:
               | > People before WW1 thought war was impossible thanks to
               | how the economy was so interconnected
               | 
               | That is _not_ why everybody thought war was impossible.
               | The reason they thought war was impossible was the King
               | of England, the Kaiser of Germany, and the Tsar of
               | Russia, i.e. the major belligerents in WWI, were all
               | cousins. They were Queen Victoria 's grandchildren. Those
               | weren't the only grandchildren on the throne who ended up
               | taking up arms and entering the war. Given how a total of
               | seven of the belligerents were related, including the 3
               | largest belligerents, nobody thought the family would go
               | to war with one another.
               | 
               | They thought wrong.
        
               | goatlover wrote:
               | Nukes are a reason why China won't go to war with the US,
               | same as Russia. Unfortunately for Ukraine, they gave up
               | their nukes.
        
               | bioemerl wrote:
               | Taiwan lacks nukes and China is rapidly building out it's
               | nuclear umbrella. I believe they absolutely intend to try
               | to use that same nuclear threat to enable their invasion
               | of Taiwan without American intervention.
        
               | credit_guy wrote:
               | If China successfully invades Taiwan, using nukes or not,
               | nothing and nobody will be able to stop Japan and South
               | Korea from building their own nukes.
        
               | krapp wrote:
               | I'm certain both countries could get at least one working
               | nuke within a day if they had to.
               | 
               | Notwithstanding that Japan already "has" plenty of nukes,
               | they just happen to be on American submarines.
        
           | stale2002 wrote:
           | Sounds like a problem.
           | 
           | I guess we need more laws like this then to solve it, then.
        
           | px43 wrote:
           | I'd love to see what would happen if Walmart got banned in
           | the same way.
        
         | asynchronous wrote:
         | That line caught me as well - seems Montana at least has a
         | designated enemy even if federal offices don't state it that
         | way. However the DoD in their recent zero trust framework
         | document basically pointed all the fingers at China as well.
        
           | lubesGordi wrote:
           | Not enemy, adversary. A much softer claim and one I'm pretty
           | sure has been taken for granted for a while.
        
         | radpanda wrote:
         | There are often a lot of weasel words used instead. In US
         | Defense circles China has been described as a "pacing threat"
         | over the past few years: https://www.defense.gov/News/News-
         | Stories/Article/Article/26...
         | 
         | I guess that's one way to describe the tense rivalry without
         | completely calling your most important trade partner an
         | "adversary".
        
           | marianatom wrote:
           | After narrowly lagging behind China in 2022, Mexico
           | officially became the US's largest trading partner at the
           | start of 2023, according to new US Census Bureau figures.
           | https://www.gfmag.com/magazine/may-2023/mexico-overtakes-
           | chi...
           | 
           | China should fall pretty quickly behind Europe as well this
           | year. China's economy has fallen off the cliff - 80% decrease
           | in foreign orders, 20% official youth unemployment rate, 50%
           | reduction in home prices, 80% decrease in government land
           | sales
           | 
           | China is no longer a partner to US, but a competitor and
           | adversary. To Europe and Japan as well. China made that very
           | clear when they announced unlimited friendship with Russia
           | last year.
           | 
           | It's Russia + China + Iran vs Europe + US + Japan + Taiwan +
           | South Korea + Australia + Canada
        
             | hax0ron3 wrote:
             | >80% decrease in foreign orders, 20% official youth
             | unemployment rate, 50% reduction in home prices, 80%
             | decrease in government land sales
             | 
             | I do not find these figures to be credible. They would an
             | indicate a cataclysmic, wartime level sort of economic
             | collapse that I see no evidence of.
             | 
             | Since you post this kind of stuff all the time, I can't
             | help but feel that you have an axe to grind. Not that I
             | would blame you for hating the Chinese government, but
             | still... are you sure that you are not being irrational
             | about its prospects?
        
             | knd775 wrote:
             | > China made that very clear when they announced unlimited
             | friendship with Russia last year.
             | 
             | To be clear, this was before the war and China has since
             | walked it back a bit.
        
               | marianatom wrote:
               | 4/23/23: China's cooperation with Europe and other
               | nations is "endless" just as its ties with Russia are
               | "unlimited", China's envoy to the European Union said
               | https://www.reuters.com/world/chinas-cooperation-with-
               | europe...
        
               | lcnPylGDnU4H9OF wrote:
               | I get the feeling you intended this quote as a gotcha,
               | but it actually appears to be a manifestation of how they
               | "walked it back" considering that "China's cooperation
               | with Europe and other nations is 'endless'".
        
               | marianatom wrote:
               | My quote was to prove China is still maintaining that
               | ties with Russia are "unlimited". I don't care what lies
               | China is telling Europe :)
        
           | chmod600 wrote:
           | How is China the most important? Measured in dollars, a brief
           | search seems to show that we trade more with Canada?
           | 
           | https://www.census.gov/foreign-
           | trade/statistics/highlights/t...
        
             | ianburrell wrote:
             | China is biggest imports. Canada and Mexico are biggest
             | total trade, although it is really close. Canada and Mexico
             | are the biggest exports.
        
             | radpanda wrote:
             | In my mind it's where we get the most stuff that we
             | couldn't get elsewhere. Sure, we can harvest more or less
             | hardwood, or import more or less from Canada, Sure, if we
             | have issues with Guatemala we can buy our t-shirts from
             | somewhere else. But if we want the devices that our
             | information economy requires, there seems to be no where
             | else to build them. Apple's attempts to build iPhones in
             | India for example: https://www.firstpost.com/world/apples-
             | india-production-face...
        
         | anigbrowl wrote:
         | A governor of s state =/= the federal government. the US
         | Constitution vests the management of foreign affairs in the
         | President. The Governor of Montana is just a public official
         | expressing a private opinion, and has no official standing.
         | 
         | Consider the possibility that Greg Gianforte is angling for a
         | cabinet job in a hoped-for future GOP administration, since his
         | brash style is popular with many voters in that party,
         | notwithstanding its sometimes criminal manifestation:
         | https://www.npr.org/sections/thetwo-way/2017/06/12/532613316...
        
         | [deleted]
        
         | sgjohnson wrote:
         | It's an entirely meaningless declaration that carries 0 real
         | weight, because foreign policy is exclusively in the federal
         | government's ballpark.
         | 
         | All it means is that "the people of Montana really don't like
         | China", but more officially.
        
       | 0xDEF wrote:
       | I don't give much about the privacy arguments because Western
       | apps also spy on us.
       | 
       | However it's good that we are finally responding to the unfair
       | market conditions imposed by the Chinese government. Western app
       | devs do not have the same access to the Chinese market as Chinese
       | app devs have to the Western markets.
        
         | beardyw wrote:
         | True, but the corollary is that Chinese people do not have
         | access to as wide a range of products. So from the perspective
         | of the freedom of the individual their situation is worse.
        
       | stronglikedan wrote:
       | Montana becomes first US state to make sideloading ubiquitous.
        
       | eimrine wrote:
       | Censoursip or surveilance crisis?
        
         | jfengel wrote:
         | Shaking fists at Kids Today(tm)
        
         | guilhas wrote:
         | Freedom crisis
        
           | eimrine wrote:
           | I like your attempt but your answer delivers less sence and
           | more ambiguity than I would like to meet. Could someone
           | elaborate on this answer?
        
       | smith002 wrote:
       | [dead]
        
       | barathr wrote:
       | I wrote up a quick analysis last night here:
       | https://ioc.exchange/@invisv/110387246627189198
       | 
       | Here are the takeaways:
       | 
       | * It'd be easy for Apple and Google to prevent downloads of
       | TikTok for most users, which would also include app updates, as
       | they have a significant amount of knowledge of users' locations
       | and could prevent most users in Montana -- even those using a VPN
       | -- from downloading the app or updating it.
       | 
       | * It'd be very difficult for Montana to enforce the other piece
       | of the TikTok ban -- if "entity" in the bill means any company,
       | they're stuck: the state has little ability to prevent side-
       | loading of apps on Android and users who want TikTok can access
       | app repositories hosted out of state. There's virtually no way
       | for ISPs inside Montana to surveil all user usage to find out if
       | they're trying to download TikTok from a third-party repository,
       | and even if they could there would be legal issues with the state
       | mandating this.
       | 
       | Fundamentally, this makes user privacy and security much worse.
       | 
       | * Apple, Google, and ByteDance could be aggressive and use the
       | data they have -- all three have GPS data for most or all
       | relevant users here (i.e. TikTok users on an iPhone or Android)
       | -- and block requests to download or use TikTok from within
       | Montana. And they probably will, unless they get a court to block
       | the bill.
       | 
       | The one thing the bill banning TikTok _doesn 't_ do is the one
       | thing that is desperately needed: actually protect user privacy,
       | by banning the collection, aggregation, sale, and use of fine-
       | grained user data -- by ByteDance, Meta, Google, Apple,
       | Microsoft, Amazon, or any other.
        
         | screye wrote:
         | > side-loading of apps on Android
         | 
         | 90%+ users are never going to use apks. If this ban kills the
         | network effect (the R0 of the viral infection), then the last
         | 10% aren't going to last long either.
        
           | OkayPhysicist wrote:
           | That's true, but TikTok's primary demographic (teenagers)
           | contains a disproportionate part of the population willing to
           | go to remarkable inconveniences to subvert authority. Alcohol
           | and vapes take substantially more effort for your average
           | high schooler to get their hands on than downloading an APK
           | and pressing "install", yet there's no shortage of drinking
           | and vaping happening.
           | 
           | As long as the overall platform is popular, it won't be
           | surprising to see a lot of kids showing each other how to
           | sideload.
        
           | knaik94 wrote:
           | This is only a single state ban, the majority of content
           | creators are unaffected. There is zero chance of this ban
           | having any impact on the network effect. If anything I
           | predict the opposite, people will become frustrated with the
           | walled-garden of iOS, I can see people choosing Android over
           | it for the sake of being able to sideload TikTok. I remember
           | when there was a sudden aftermarket of iOS and Android
           | devices when flappy bird was delisted by the developer.
           | TikTok is obscenely bigger.
        
           | twelve40 wrote:
           | but of this keeps trending (more future bans) it will nudge
           | more people to sideload to get around stupid middlemen who
           | get in their way
           | 
           | countries who engage in these bans have conditioned many non-
           | tech people to learn to use vpns and other tools
           | 
           | "sideloading" is the norm on desktop too, btw, and always has
           | been
        
             | tracker1 wrote:
             | Doubt it... I seriously doubt even 1% of android users has
             | even heard of FDroid or knows that Amazon has it's own
             | android market you can load on your phone. That will really
             | limit network effect overall.
        
               | hiatus wrote:
               | If you download an apk off of a website you can install
               | it just like that, no f-droid needed.
        
         | threeseed wrote:
         | Almost everyone that uses the App Store has a credit card and
         | billing address on file.
         | 
         | And they have mechanisms to require it for certain app
         | downloads e.g. adult content.
         | 
         | So they won't need to rely on GPS or VPN data.
        
         | mrighele wrote:
         | > It'd be very difficult for Montana to enforce the other piece
         | of the TikTok ban
         | 
         | I don't know if it is technically and legally feasible in
         | Montana, but you "just" need to block the endpoints that the
         | app uses to fetch the data. It is not foolproof, but given that
         | ByteDance probably has interest in keeping doing business in
         | the rest of the USA, at least for now, it would be fineable in
         | case it was trying to avoid the block.
        
           | threeseed wrote:
           | Technically and legally it's trivial and common.
           | 
           | They just ask any ISPs and telcos operating in the state to
           | ban the URL.
        
             | dudus wrote:
             | But then TikTok can still detect your location. Unless you
             | spoof that, remove the permission or patch the apk.
             | 
             | Then you still need to update almost daily to keep using
             | it.
        
         | jasmer wrote:
         | This is not a user privacy vs. megacorp story, it's a national
         | security story.
         | 
         | I wish there was a megacorp privacy story to run here, sadly,
         | I'm not sure Congress will go for it.
         | 
         | There is only one solution and that is for TT to be 'forked'
         | from ByteDance/Doyin. It would literally cost almost nothing,
         | there are almost zero synergies between Doyin and TT at this
         | point, they will do just fine separately, and it won't cost
         | anything but a few bankers/accountants to do the split.
         | 
         | TT will have to be based in Singapore or US and be completely
         | independent from BD/Doyin but that's fine.
         | 
         | Nothing will skip a beat, everyone can be happy, kids can have
         | their app but CCP won't have any control visibility at all.
         | 
         | Funny enough, ByteDance could probably retain maybe even
         | majority control, although that might not work in practices.
         | 
         | And then we can get on with trying to get Congress to protect
         | consumers from Meta ...
        
         | knaik94 wrote:
         | Part of the issue is that the government itself takes part in
         | that marketplace as a seller and buyer. There's no resonable
         | way to make laws for corporations while giving a pass to
         | government agencies, it might be proposed but it would never
         | pass. One of the biggest clients of Cambridge Analytica was the
         | Trump campaign.
         | 
         | I became disillusioned about hoping laws pass that protect user
         | data after watching the TikTok hearing. The congressman
         | questioning whether TikTok tracks eye dialation as a signal for
         | "the algorithm", and the CEO having to explain that it's used
         | for funny face filters, gave me second hand embarrasment. It
         | reminds me of the Facebook hearing where a congressman ask
         | whether it was possible to ban "finsta" and the Head of Global
         | Safety at FB reponding that it's not a product. It's people
         | having a secondary personal account limited to specific
         | friends. An explanation the congressman was having a hard time
         | understanding.
         | 
         | https://www.youtube.com/watch?v=gPZA98whQGI
         | 
         | https://www.youtube.com/watch?v=TGt1Ukg7q4Y
        
       | Joe_Boogz wrote:
       | What VPNs should people in Montana and Utah use? Genuinely
       | wondering the best option.
        
         | knaik94 wrote:
         | Mullvad has options to pay by cash, bitcoin, or even a physical
         | gift card, in addition to the usual methods. There are no
         | usernames, everything is tied to a randomly assigned account
         | number. It's also moving many servers to a diskless
         | infrastructure, running off ram and supports wireguard and
         | openvpn.
         | 
         | https://mullvad.net/en/blog/2022/8/1/expanding-diskless-infr...
        
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