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Montana has become the first US state to announce an outright ban of TikTok, however questions have been raised about both the legality and the practicality of the new law. State legislators signed the bill into law on Wednesday, making it illegal for TikTok to operate in the state from January 2024. Some claim such a ban is unconstitutional, as it challenges the First Amendment right to freedom of speech and the press, while others note that it would be “impossible” to enforce. “Montanans are indisputably exercising their First Amendment rights when they post and consume content on TikTok,” Jameel Jaffer, executive director at the Knight First Amendment Institute at Columbia University, told The Independent. “Because Montana can’t establish that the ban is necessary or tailored to any legitimate interest, the law is almost certain to be struck down as unconstitutional.” Montana’s 200,000 TikTok users will not face any repercussions for using the app, however TikTok and other companies face a $10,000 daily fine for each time someone accesses the app or is “offered the ability” to download it. Apple and Google have not spoken out against the law, but a representative for TechNet, the trade group that counts the two tech giants as its members, has said app stores don’t have the ability to “geofence” apps in different states and it would be impossible to prevent TikTok from being downloaded in Montana. The group has also said the responsibility should be on an app to determine where it can operate, not an app store. Telecoms analyst Roger Entner, of Recon Analytics, said he believes the app stores could have the capability to enforce the law, but it would be cumbersome to implement and full of loopholes. Apple and Google’s address-linked billing could be bypassed with prepaid cards and IP geolocation easily masked by using a VPN service, which can alter IP addresses and allows users to evade content restrictions, said mobile security expert Will Strafach, the founder of Guardian, which makes a privacy protection app for Apple devices. Oded Vanunu, head of products vulnerability research at the cyber security firm Check Point, agreed it would be difficult for app stores to isolate a single state from downloading an app. He suggested it would be more feasible for TikTok to comply since it controls the software and can “adjust the settings based on the geographical location or IP addresses” of users. TikTok could technically block any people from Montana using the app by tracking their location, and disable the app if they are within a certain area, however this type of restriction can be easily bypassed with VPN technology. A legal battle is likely to follow, with TikTok hinting that a legal challenge will be launched in the coming weeks and months. A spokesperson said: “We want to reassure Montanans that they can continue using TikTok to express themselves, earn a living, and find community as we continue working to defend the rights of our users inside and outside of Montana.” Additional reporting from agencies Read More TikTok ban in numbers: Charting the controversial rise of the world’s most popular app Shou Chew: How a Facebook intern became the boss of TikTok

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The “anti-competitive practices” of big tech firms pose an “existential threat” to UK journalism, while the risks from AI-generated misinformation are “greater than ever before”, editors have warned. A poll by the News Media Association, a trade body for the newspaper industry, found 90% of editors believe Google and Meta pose a threat to the news industry. The Government has been urged to resist calls to water down the Digital Markets, Competition and Consumers Bill, which will force tech firms to pay news publishers for content used on their platforms. The Government must resist pressure from the tech platforms to water down the Digital Markets, Competition and Consumers Bill and pass this sensible legislation, which will help to level the playing field field between platforms and publishers and spur innovation and competition across the UK digital economy Owen Meredith, News Media Association Some 97% of editors said the risks posed by AI-generated misinformation are “greater than ever before” in the run-up to a general election, which is likely to take place next year. More than three-quarters (77%) of editors said news blackouts enforced by tech platforms weaken democratic engagement by limiting public access to trusted news. News Media Association chief executive Owen Meredith said: “The findings of our survey clearly show the huge level of concern from editors about the impact of the tech platforms’ activities on the sustainability of journalism. “The Government must resist pressure from the tech platforms to water down the Digital Markets, Competition and Consumers Bill and pass this sensible legislation, which will help to level the playing field field between platforms and publishers and spur innovation and competition across the UK digital economy.” Katie French, regional group editor at Newsquest, which owns many local newspapers, said: “While tech platforms have greatly enhanced our way of life by allowing unrestricted access to information and increased connection, they have severely impacted the business of news, and news brands such as my own have not been fairly compensated. “My titles have more readers than ever before in their history thanks to the global and national audiences our online content is exposed to. “However, we receive very little in the way of fair remuneration for the rich and high-quality service our content provides even by hosting our content or signposting readers to our stories through search engines. “Our very presence is giving credibility to these platforms that otherwise would be filled with clickbait, nonsense and unregulated information.” Original journalism everywhere should be protected Sun editor Victoria Newton The BBC’s plans to cut local radio provision and boost its online local news were also criticised, with 86% fearing it will “damage independent local journalism in the UK.” Sun editor Victoria Newton told the NMA’s Journalism Matters parliamentary reception on Tuesday: “Original journalism everywhere should be protected, as should the publishers that spend and invest in journalism. “I make a special mention for our vital local newspapers, without whom court cases and local democracy would go unreported. “These outlets should also be protected from the BBC’s expansionist activities, which risk driving them out of the market.” – A total of 30 editors responded to the online survey, which was carried out between August and September. Read More King warns of urgent need to ‘combat significant risks of powerful AI’ Kamala Harris arrives in the UK ahead of AI safety summit Study finds ‘deepfakes’ from Ukraine war undermining trust in conflict footage More than 500 potential cyber attacks logged every second, BT says AI being used to create child abuse imagery, watchdog warns ChatGPT and other chatbots ‘can be tricked into making code for cyber attacks’

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MCLEAN, Va.--(BUSINESS WIRE)--Jun 29, 2023--