TikTok, Montana, and Digital Sovereignty

The Governor of Montana recently signed a bill that essentially bans the popular social media app TikTok in the state.

The legislation is set to ban state residents from downloading the app within the territorial jurisdiction of the state.

Indigenous scholars have raised the question of what the TikTok ban means for tribal sovereignty and the digital jurisdiction of states. This is a relatively unexplored field in tribal law, and one that is primed to grow with the increasing digitization of the world.

For Indigenous Tribes, the territorial jurisdiction of states has always been important. Social media and digital data add another layer to the conflict over territorial jurisdiction and sovereignty.

The National Congress of American Indians described Indigenous data sovereignty as “the right of each tribe to govern the collection, ownership, and application of data, information, and knowledge about its peoples, land and resources.”

Indigenous scholars have encouraged Indigenous Tribes to exercise and protect their data and digital sovereignty, as it will continue to be an issue as state and national governments monitor the social media and technology industries.

Domestic Policy Caucus supports the right of Indigenous Tribes to exercise digital sovereignty and encourages state and federal governments to honor their sovereignty claims.