TikTok, a widespread social media app owned by a Chinese technology company called ByteDance, recently won a point in its ongoing battle against bans on its usage. Certain countries around the world have actively banned the app’s usage; some have banned its use on devices provided by governmental agencies, and others, like the United States, have not taken real action against TikTok’s usage despite many of its politicians’ public stances against alleged information privacy violations by China through TikTok.

In May 2023, the Montana Governor signed a bill to ban TikTok within Montana (the “Bill”). The purpose of the Bill, which would not come into effect until 2024, was to protect American citizens from alleged information privacy violations by China through TikTok, and it was the first bill to outright ban TikTok in the United States.

However, TikTok publicly expressed displeasure at the Bill and took steps to contest its constitutionality. On November 30, 2023, a U.S. District Court judge recently served a preliminary injunction to block the Bill because it is unconstitutional. The Judge agreed with TikTok’s claims, alleging that the Bill violated the constitution and overstepped the State’s power.

On January 2, 2024, Montana’s Attorney General, Austin Knudsen, filed notice that Montana would combat the injunction against the Bill. This development illustrates that Knudsen believes in the legal merits of the Bill’s state-wide ban against TikTok despite the U.S. District Court judge’s statements alleging unconstitutionality. Although 2024 marks the start of a new year, information privacy and consumer protection will likely remain hot topics in law.