Montana's Governor just signed the country's first law completely Banning Tick-Tock it goes further than any other State's moves to ban that social media app the ban is expected to face some legal challenges potentially determining the fate of the app in the country now in a statement Tick Tock says the governor signed a bill that is quote infringing on First Amendment rights by unlawfully Banning Tick Tock it goes on to say people in Montana can continue to use the app to express themselves we want to bring in NBC legal analyst Danny savalo standing what's the end what are the ends and the outs I should say of this ban how can people still use this app in Montana if it's banned well apparently it doesn't criminalize actual users conduct it criminalizes the sale so it targets the app sellers that might be the app store for that might be Tick Tock itself and that would make sense from Montana's perspective far better to go after a deep pocket like Tick Tock than go after individual users or probably 18 19 years old uh and who knows that they have any assets or whether they're worth Prosecuting so probably a smart strategy if that's what the band does but it leaves itself open to a number of different challenges most notably the First Amendment and something called the dormant Commerce Clause basically an individual State can't unnecessarily or unduly burdened interstate commerce but what exactly that means is a little hazy and it's moved a lot over the years even in the last decade or so it's been redefined and then perhaps most importantly is that traditionally the Commerce Clause still Clause dealt with things like widgets tangible items that are sold in a particular state 8. it's a totally different thing with this modern use of the internet and apps like this because where is it sold where is it used where is the application uh where is the jurisdiction for this application a lot of complicated issues so you can expect there will be challenges and soon yeah a reminder uh the government is concerned that anything you do on Tic Tac Tick Tock might be fed to Chinese intelligence and the Chinese military but if you are live in Montana under this application of the law the governor can tell you what you can and can't have on your phone even if you put it on your phone in a different state how in the world are they ever going to enforce this well that's exactly it I mean you raised the issue when we live in a global Community uh when we live in a global Community sorry I'm using my phone there I am I'm back we live in a global Community like this uh the internet uh asks a difficult question where is some kind of conduct actually happening if you're looking at your phone but you downloaded it in Montana but you're looking at it today in California is the concept happening or did it happen in Montana so those are all thorny issues that we all have to deal with in the modern internet age and this law that seeks to criminalize this kind of conduct or punish it is going to be subjected to a number of different challenges one of which is going to be jurisdictional and and where does the conduct actually happen and who would ever police this it seems awfully challenging and difficult uh Danny thank you very much thanks for watching our YouTube channel follow today's top stories and breaking news by downloading the NBC News app