Montana’s legislature last year passed legislation, signed by the Governor, to ban the use of TikTok within the borders of the state, seeking to protect Montana consumers’ personal information and limit spying by the Chinese government through TikTok.

Some Montana users sued Montana to block the ban. A federal judge in Montana issued a preliminary injunction blocking the ban that was set to start on January 1, 2024. On January 2, 2024, the state filed a notice to appeal the ruling to the U.S. Court of Appeals for the Ninth Circuit.

Montana’s ban of the use of TikTok in the state by anyone was more expansive than previous bans by the federal government and other states prohibiting its use by federal and state employees.

We have repeatedly written about the risks and concerns about consumers’ use of TikTok. Its use continues to be a national security threat, and Montana’s appeal is one we will be watching closely.

Photo of Linn Foster Freedman Linn Foster Freedman

Linn Freedman practices in data privacy and security law, cybersecurity, and complex litigation. She is a member of the Business Litigation Group and the Financial Services Cyber-Compliance Team, and chair’s the firm’s Data Privacy and Security Team. Linn focuses her practice on…

Linn Freedman practices in data privacy and security law, cybersecurity, and complex litigation. She is a member of the Business Litigation Group and the Financial Services Cyber-Compliance Team, and chair’s the firm’s Data Privacy and Security Team. Linn focuses her practice on compliance with all state and federal privacy and security laws and regulations. She counsels a range of public and private clients from industries such as construction, education, health care, insurance, manufacturing, real estate, utilities and critical infrastructure, marine and charitable organizations, on state and federal data privacy and security investigations, as well as emergency data breach response and mitigation. Linn is an Adjunct Professor of the Practice of Cybersecurity at Brown University and an Adjunct Professor of Law at Roger Williams University School of Law.  Prior to joining the firm, Linn served as assistant attorney general and deputy chief of the Civil Division of the Attorney General’s Office for the State of Rhode Island. She earned her J.D. from Loyola University School of Law and her B.A., with honors, in American Studies from Newcomb College of Tulane University. She is admitted to practice law in Massachusetts and Rhode Island. Read her full rc.com bio here.