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More from TikTok ban: all the news on the app’s shutdown and return in the US

Richard Lawler
Richard Lawler
Can you even watch this video in Montana?

Well, maybe not in 2024 if a new law banning TikTok within the state takes effect. Makena Kelly can explain more.

TikTok is now banned in MontanaTikTok is now banned in Montana
Adi Robertson
Richard Lawler
Richard Lawler
Montana state legislature votes to ban TikTok from app stores in the state.

The bill (PDF) now waits to be signed by Montana governor Greg Gianforte. It would penalize app stores $10,000 per violation per day for distributing TikTok.

TikTok spokesperson Brooke Oberwetter said to CNN that “The bill’s champions have admitted that they have no feasible plan for operationalizing this attempt to censor American voices and that the bill’s constitutionality will be decided by the courts... We will continue to fight for TikTok users and creators in Montana whose livelihoods and First Amendment rights are threatened by this egregious government overreach.”

The TikTok ban is a betrayal of the open internet

There’s cause for alarm with TikTok — but is it enough to justify building America’s own Great Firewall?

Adi Robertson
David Pierce
David Pierce
The Vergecast watched the TikTok hearing so you don’t have to.

And we bring you the best parts, including Grapefruit Theories and WiFi Problems and The One About The Eyes. We also talk about Bard and ChatGPT… but mostly The One About The Eyes. It’s the Vergecast! This is what hearings do to us.

Nilay Patel
Nilay Patel
HELP.

More on the Vergecast tomorrow.

Nilay Patel
Nilay Patel
There are a lot of legitimate criticisms of TikTok, but this hearing is deeply embarrassing.

It’s all been like this. Help.

Adi Robertson
Adi Robertson
#drugs.

We’ve been in recess, but we’re back with a series of questions about why TikTok hasn’t removed more content about drugs, including people selling drugs and a Wall Street Journal article about adult content showing up in children’s feeds. Chew’s line is that no company can moderate perfectly — but it’s not going over well.

Adi Robertson
Adi Robertson
“I don’t think ownership is the issue here.”

Rep. Darren Soto asks whether TikTok would consider spinning off from ByteDance, and Chew makes a jab it’s taken a surprising amount of time for him to reach. “I don’t think ownership is the issue here,” he says. “With a lot of respect, American social companies don’t have a good track record with data privacy and user security. Just look at Facebook and Cambridge Analytica, for one example.”

Adi Robertson
Adi Robertson
“Any TikTok or ByteDance data that is viewed, stored, or passes through China is subject to the laws of China.”

Neal Dunn (who has just compared TikTok to fentanyl and cancer) enters a 2022 Forbes article about TikTok surveillance into the record — casting doubt on Chew’s claims that it’s not a spying risk.

Makena Kelly
Makena Kelly
We’ve reached a break.

Over the last hour of the TikTok hearing, lawmaker questions have strayed away from TikTok’s alleged relationship with the Chinese government. Republicans and Democrats have been pulling a few TikTok videos portraying violent themes, including a post that appeared to threaten gun violence against the committee and its chairwoman.

Chair Rodgers did not allow Chew to respond to the threatening post, but he was able to comment on concerns lawmakers raised over the app’s ability to promote harmful challenges to young users.

“We have spent a lot of time adopting measures protecting teenagers,” Chew said. “Many of those are first for the social media industry.”

David Pierce
David Pierce
“It’s our understanding that they’re looking at the eyes.”

One of the long-running tropes of these hearings is “how much does anyone in the room, including the CEOs and the members of Congress, actually understand the tech at hand?”

To that end, I submit TikTok’s Shou Chew explaining that TikTok doesn’t collect body, face, or voice data to identify users, except when it needs to know where your eyes are for sunglasses filters and such. To which Georgia representative Buddy Carter responded: “Why do you need to see where the eyes are? To see if they’re dilated?”

When Chew explained TikTok’s age-gating process, Carter interjected: “That’s creepy. Tell me more about that.” Which is a good summation of the hearing so far, really.

Adi Robertson
Adi Robertson
“Unfortunately, we only have four and a half hours with you.”

Rep. McMorris-Rodgers has reminded me that we’re almost halfway through this hearing, and I’m dying. Here’s a picture of my cat Kaiser. Kaiser cannot understand English. Kaiser cannot listen to this hearing. Kaiser is so lucky.

A large orange cat curled up on a chair.
Kaiser does not understand TikTok. Only skritches.
Adi Robertson
Adi Robertson
CitizenLab to TikTok: stop citing us to claim you’re secure!

Rep. Bill Johnson is grilling Chew on TikTok security, including TikTok citing a report from CitizenLab on its code’s security. CitizenLab’s director has said he’s “disappointed” that TikTok is — in his opinion — misconstruing the report as a claim that the Chinese government couldn’t get access to it.

Makena Kelly
Makena Kelly
We’re an hour into TikTok CEO Shou Zi Chew’s hearing before Congress.

Right out of the gate, Republicans and Democrats attacked the company over its alleged ties to the Chinese government.

“Your platform should be banned,” Chair Cathy McMorris-Rodgers (R-WA) said in her opening statement Thursday.

At times, Democrats like Rep. Frank Pallone Jr. alluded to TikTok not being the only harmful platform, calling for federal data privacy legislation to better regulate the ways US-based companies like Meta and Google collect and share data.

Still, Congress has yet to approve any meaningful federal privacy framework even though the Biden administration has called on TikTok to either sever ties to Bytedance or be banned nationwide.

Adi Robertson
Adi Robertson
The TikTok hearing’s first printed-out screenshot!

It’s a threat to shoot members of the congressional committee investigating TikTok. Rep. Kat Cammack says that because somebody was able to post the video on TikTok, TikTok can’t possibly be keeping private user data secure. I agree it’s bad TikTok didn’t take down the video, but... this is not a very logical argument.

A threat to shoot members of the TikTok hearing committee printed on a placard.