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Tag: Montana state government

  • Montana close to becoming 1st state to completely ban TikTok

    Montana close to becoming 1st state to completely ban TikTok

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    HELENA, Mont. (AP) — Montana lawmakers moved one step closer Thursday to passing a bill to ban TikTok from operating in the state, a move that’s bound to face legal challenges but also serve as a testing ground for the TikTok-free America that many national lawmakers have envisioned.

    Montana’s proposal, which has backing from the state’s GOP-controlled legislature, is more sweeping than bans in place in nearly half the states and the U.S. federal government that prohibit TikTok on government devices.

    The House endorsed the bill 60-39 on Thursday. A final House vote will likely take place Friday before the bill goes to Republican Gov. Greg Gianforte. He has banned TikTok on government devices in Montana. The Senate passed the bill 30-20 in March.

    TikTok, which is owned by the Chinese tech company ByteDance, has been under intense scrutiny over concerns it could hand over user data to the Chinese government or push pro-Beijing propaganda and misinformation on the platform. Leaders at the FBI, CIA and numerous lawmakers of both parties have raised those concerns but haven’t presented any evidence to prove it has happened.

    Supporters of a ban point to two Chinese laws that compel companies in the country to cooperate with the government on state intelligence work. They also point out other troubling episodes, such as a disclosure by ByteDance in December that it fired four employees who accessed the IP addresses and other data of two journalists while attempting to uncover the source of a leaked report about the company.

    Congress is considering legislation that doesn’t call out TikTok, but gives the Commerce Department the ability to restrict foreign threats on tech platforms. That bill is being backed by the White House, but it has received pushback from privacy advocates, right-wing commentators and others who say the language is too broad.

    Montana Attorney General Austin Knudsen urged state lawmakers to pass the bill because he wasn’t sure Congress would act quickly on a federal ban.

    “I think Montana’s got an opportunity here to be a leader,” Knudsen, a Republican, told a House committee in March. He says the app is a tool used by the Chinese government to spy on Montanans.

    Montana’s ban would not take effect until January 2024 and would be void if Congress passes a ban or if TikTok severs its Chinese connections.

    The bill would prohibit downloads of TikTok in Montana and would fine any “entity” — an app store or TikTok — $10,000 per day for each time someone “is offered the ability” to access the social media platform or download the app. The penalties would not apply to users.

    Opponents argued the bill amounted to government overreach and that residents could easily circumvent the proposed ban by using a Virtual Private Network. A VPN encrypts internet traffic and makes it more difficult for third parties to track online activities, steal data and determine a person’s location.

    At a hearing for the bill in March, a representative from the tech trade group TechNet said app stores also “do not have the ability to geofence” apps on a state by state basis and that it would be impossible for its members, like Apple and Google, to prevent TikTok from being downloaded in Montana.

    Knudsen said Thursday the geofencing technology is used with online sports gambling apps, which he said are deactivated in states where online gambling is illegal. Ashley Sutton, TechNet’s executive director for Washington state and the northwest, said in a statement Thursday that the “responsibility should be on an app to determine where it can operate, not an app store.”

    “We’ve expressed these concerns to lawmakers. We hope the governor will work with lawmakers to amend the legislation to ensure companies that aren’t intended targets of the legislation” aren’t affected, Sutton said.

    TikTok said in a statement it will “continue to fight for TikTok users and creators in Montana whose livelihoods and First Amendment rights are threatened by this egregious government overreach.”

    Some opponents of the bill have argued the state wasn’t looking to ban other social media apps that collect similar types of data from their users.

    “We also believe this is a blatant exercise of censorship and is an egregious violation of Montanans’ free speech rights,” said Keegan Medrano with the ACLU of Montana.

    Democratic Rep. Katie Sullivan offered an amendment Thursday to broaden the ban to include any social media app that collected personal information and transferred it to a foreign adversary, such as Russia, Iran, Cuba, North Korea and Venezuela, along with China. The amendment was narrowly rejected 48-51.

    Supporters of the bill said it made sense to target TikTok first because of specific concerns with China and that it was a step in the right direction even if it doesn’t address challenges related to other social media companies.

    TikTok has been pushing back against the bill. The company, which has 150 million users in the U.S., has encouraged users in the state to speak out against the bill and hired lobbyists to do so as well. It has also purchased billboards, run full-page newspaper ads and has a website opposing Montana’s legislation. Some ads placed in local newspapers highlight how local businesses were able to use the app to drive sales.

    The bill would “show Montana doesn’t support entrepreneurs in our own state,” Shauna White Bear, who owns White Bear Moccasins, said during a March 28 hearing. She noted her business receives much more engagement on TikTok than on other social media sites.

    Knudsen, the attorney general whose office drafted the bill, said he expects the bill to face legal challenges if it passes.

    “Frankly, I think it probably needs the courts to step in here,” he said. “This is a really interesting, novel legal question that I think is ripe for some new jurisprudence.”

    The Montana bill isn’t the first blanket ban the company has faced. In 2020, then-President Donald Trump issued executive orders that banned the use of TikTok and the Chinese messaging platform WeChat. Those efforts were nixed by the courts and shelved by the Biden administration.

    TikTok continued negotiations with the administration on the security concerns tied to the app. Amid rising geopolitical tensions with China, the Biden administration more recently has threatened it could ban the app if the company’s Chinese owners don’t sell their stakes. To avoid either outcome, TikTok has been trying to sell a data safety proposal called “Project Texas” that would route all its U.S. user data to servers operated by the software giant Oracle.

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    Hadero reported from New York.

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  • TikTok ban gets final approval by Montana’s GOP legislature

    TikTok ban gets final approval by Montana’s GOP legislature

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    HELENA, Mont. (AP) — Montana’s House gave final passage Friday to a bill banning the social media app TikTok from operating in the state, a move that’s bound to face legal challenges but also serve as a testing ground for the TikTok-free America many national lawmakers envision due to concerns over potential Chinese spying.

    The House voted 54-43 in favor of the measure, which would make Montana the first state with a total ban on the app. It goes further than prohibitions already put in place by nearly half the states — including Montana — and the U.S. federal government that prohibit TikTok on government-owned devices.

    The measure now goes to Republican Gov. Greg Gianforte, who declined to say Friday if he plans to sign it into law. A statement provided by spokesperson Brooke Metrione said the governor “will carefully consider” all bills the Legislature sends to his desk.

    Gianforte banned TikTok on state government devices last year, saying at the time that the app posed a “significant risk” to sensitive state data.

    TikTok spokesperson Brooke Oberwetter promised a legal challenge over the measure’s constitutionality, saying the bill’s supporters “have admitted that they have no feasible plan” to enforce “this attempt to censor American voices.”

    The company “will continue to fight for TikTok users and creators in Montana whose livelihoods and First Amendment rights are threatened by this egregious government overreach,” Oberwetter said.

    TikTok, which is owned by the Chinese tech company ByteDance, has been under intense scrutiny over worries it could hand over user data to the Chinese government or push pro-Beijing propaganda and misinformation on the platform. Leaders at the FBI and the CIA and numerous lawmakers, both Democrats and Republicans, have raised such concerns but have not presented any evidence that it has happened.

    Ban supporters point to two Chinese laws that compel companies in the country to cooperate with the government on state intelligence work. They also cite troubling episodes such as a disclosure by ByteDance in December that it fired four employees who accessed the IP addresses and other data of two journalists while attempting to uncover the source of a leaked report about the company.

    Congress is considering legislation that does not single out TikTok specifically but gives the Commerce Department the ability more broadly to restrict foreign threats on tech platforms. That bill is being backed by the White House, but it has received pushback from privacy advocates, right-wing commentators and others who say the language is too expansive.

    TikTok has said it has a plan to protect U.S. user data.

    Montana Attorney General Austin Knudsen, whose office drafted the state’s legislation, said in a social media post Friday that the bill “is a critical step to ensuring we are protecting Montanans’ privacy,” even as he acknowledged that a court battle looms.

    The measure would prohibit downloads of TikTok in the state and would fine any “entity” — an app store or TikTok — $10,000 per day for each time someone “is offered the ability” to access or download the app. There would not be penalties for users.

    The ban would not take effect until January 2024 and would become void if Congress passes a national measure or if TikTok severs its connections with China.

    The bill was introduced in February, just weeks after a Chinese spy balloon drifted over Montana, but had been drafted prior to that.

    A representative from the tech trade group TechNet told state lawmakers that app stores do not have the ability to geofence apps on a state-by-state basis, so the Apple App Store and Google Play Store could not enforce the law.

    Ashley Sutton, TechNet’s executive director for Washington state and the northwest, said Thursday that the “responsibility should be on an app to determine where it can operate, not an app store.”

    Knudsen, the attorney general, has said that apps for online gambling can be disabled in states that do not allow it, so the same should be possible for TikTok.

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    Hadero reported from New York.

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  • US, states weigh farmland restrictions after Chinese balloon

    US, states weigh farmland restrictions after Chinese balloon

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    HARLOWTON, Mont. (AP) — Near the banks of Montana’s Musselshell River, cattle rancher Michael Miller saw a large, white orb above the town of Harlowton last week, a day before U.S. officials revealed they were tracking a suspected Chinese spy balloon over the state. The balloon caused a stir in the 900-person town surrounded by cattle ranches, wind farms and scattered nuclear missile silos behind chain link fences.

    Miller worries about China as a rising threat to the U.S., but questioned how much intelligence could be gained from a balloon. China’s bigger threat, he said, is to the U.S. economy. Like many throughout the country, Miller wonders if stricter laws are needed to bar farmland sales to foreign nationals so power over agriculture and the food supply doesn’t end up in the wrong hands.

    “It’s best not to have a foreign entity buying up land, especially one that’s not really friendly to us,” Miller said. “They are just going to take us over economically, instead of military-wise.”

    Miller’s concerns are increasingly shared by U.S. lawmakers after the Chinese balloon’s voyage over American skies inflamed tensions between Washington and Beijing.

    In Congress and statehouses, the balloon’s journey added traction to decades-old concerns about foreign land ownership. U.S. Sen. Jon Tester, a Democrat, is sponsoring legislation to include agriculture as a factor in national security decisions allowing foreign real estate investments.

    “The bottom line is we don’t want folks from China owning our farmland. It goes against food security and it goes against national security,” Tester told The Associated Press.

    At least 11 state legislatures also are considering measures to address the concern. That includes Montana and North Dakota, where the U.S. Air Force recently warned that a $700 million corn mill proposed near a military base by the American subsidiary of a Chinese company would risk national security.

    City council members in Grand Forks, North Dakota, endured a barrage of criticism from town residents Monday night before voting 5-0 to abandon the plan. The move came a year after a joint press release from local officials and North Dakota’s governor called the project “extraordinary,” saying it would bring jobs and bolster the farm industry.

    Enraged residents of the 59,000-person city near the Minnesota border demanded resignations from council members they claimed had tried to push through the plan, brushing off Chinese threats to national security.

    “You decided, for whatever reason, this was such a fantastic thing for our city that you got blinders on,” said Dexter Perkins, a University of North Dakota geology professor. “You guys went all in when there were a gazillion unanswered questions.”

    Before the Air Force’s warning, officials said they weren’t in a position to opine on national security matters.

    Foreign entities and individuals control less than 3% of U.S. farmland, according to the U.S. Department of Agriculture. Of that, those with ties to China control less than 1%, or roughly 600 square miles (340 square kilometers).

    Yet in recent years, transactions of agricultural and non-agricultural land have attracted scrutiny, particularly in states with a large U.S. military presence.

    Limitations on foreign individuals or entities owning farmland vary widely throughout the U.S. Most states allow it, while 14 have restrictions. No states have a total prohibition. Of the five states where the federal agriculture department says entities with ties to China own the most farmland, four don’t limit foreign ownership: North Carolina, Virginia, Texas and Utah.

    The fifth, Missouri, has a cap on foreign land ownership that state lawmakers want to make more stringent.

    Ownership restriction supporters often speculate about foreign buyers’ motives and whether people with ties to adversaries such as China intend to use land for spying or exerting control over the U.S. food supply.

    Texas in 2021 banned infrastructure deals with individuals tied to hostile governments, including China. The policy came after a Chinese army veteran and real estate tycoon purchased a wind farm in a border town near a U.S. Air Force base. This year, Texas Republicans want to expand that with a ban against land purchases by individuals and entities from hostile countries including China.

    Critics see it as anti-foreigner hysteria, with Texas’ Asian American community particularly concerned about the effect on immigrants who want to buy homes and build businesses.

    In Utah, concern has centered on a Chinese company’s purchase of a speedway near an army depot in 2015 and Chinese-owned farms exporting alfalfa and hay from drought-stricken parts of the state.

    Lawmakers this year are considering two proposals that would, to varying degrees, ban entities with ties to foreign governments from owning land.

    “Do we really want any foreign country coming in and buying our agricultural land, our forests or our mineral rights?” asked Republican state Rep. Kay Christofferson, who is sponsoring one of the bills. “If it would interfere with our sovereignty — especially in an emergency situation or during a threat to national security — I think that we’d lose our ability as a state to be independent and self sufficient.”

    Caitlin Welsh, director of the Global Food Security Program at the Center for Strategic and International Studies, said the scramble to limit foreign land ownership tracked rising U.S.-China tensions. Welsh shares concerns about U.S. adversaries purchasing land near military bases like in Grand Forks, but said worries about China controlling the food supply were overblown.

    “China is just a small slice of the bigger picture of foreign ownership,” Welsh said. “When it comes to food security, the biggest threat is that foreign owners can potentially pay a higher price for agricultural land, which then drives up prices.”

    The restrictions have encountered resistance in states with strong property rights. In Wyoming, two proposals to restrict foreign land ownership failed this week even though Republicans who control the statehouse were sympathetic to concerns about China expanding its reach.

    “We’ve had a lot of problems with China lately in the air. Big balloons flying over us. We look at this as a national and state security bill, for Wyoming and the United States,” said Rep. Bill Allemand, a Republican from Casper.

    Lawmakers on Monday rejected Allemand’s proposal to ban ownership of more than an acre of land by people from China, Russia and countries the U.S. government considers state sponsors of terrorism. Skeptics said it would be difficult to police due to the complex web of title companies and holding corporations in agricultural real estate.

    “This is very easy to get around,” Republican Rep. Martha Lawley said. “We may end the day feeling good about ourselves, but we’ve opened up to a lot of liability.”

    Questions about foreign investment are increasingly prompting debate over whether cities and states should be rolling out welcome mats or shutting doors to potential threats. The issue can pit local officials interested in economic development against state and federal agencies concerned with national security.

    That was initially the case with the proposed corn mill in Grand Forks, where officials last year lauded the plans. But days after the U.S. Air Force shot down the Chinese balloon, which China insists was only a weather balloon, the sentiment had fizzled and the city changed course.

    “There’s something that I’ve learned through this process, and that is sometimes to slow down and make sure we fully understand before we move to the next level,” Grand Forks council member Ken Vein said before voting to abandon the corn mill.

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    Mead Gruver in Cheyenne, Wyoming, David Lieb in Jefferson City, Missouri, Acacia Coronado in Austin, Texas, and AP reporters throughout the U.S. contributed reporting.

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