Long title | An Act to prohibit certain individuals from downloading or using TikTok on any device issued by the United States or a government corporation. |
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Enacted by | the 117th United States Congress |
Effective | December 29, 2022 |
Citations | |
Statutes at Large | 136 Stat. 5258 |
Codification | |
U.S.C. sections amended | 44 U.S.C. § 3553 |
Legislative history | |
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The No TikTok on Government Devices Act is a United States federal law that prohibits the use of TikTok on all federal government devices. [1] Originally introduced as a stand-alone bill in 2020, it was signed into law as part of the Consolidated Appropriations Act, 2023 on December 29, 2022, by President Joe Biden. [2]
The No TikTok on Government Devices Act (S. 3455) was originally introduced in 2020 by Senator Josh Hawley (R-MO) and passed the United States Senate by unanimous consent on August 6, 2020. [3] The bill (S. 1143) was reintroduced on April 15, 2021, by Senator Hawley and it passed the Senate by unanimous consent again on December 14, 2022. [4]
The bill was later included in the year-end omnibus spending bill as Division R of the Consolidated Appropriations Act, 2023, which then passed the Senate 68–29 on December 22, 2022, and the United States House of Representatives 225–201–1 on December 23, 2022, before being signed into law on December 29, 2022, by President Joe Biden. [5]
The law prohibits the download or use of TikTok on, and requires the removal of TikTok from all federal government and government corporation devices. The law is effected by the Director of the Office of Management and Budget together with the Administrator of General Services, the Director of the Cybersecurity and Infrastructure Security Agency, the Director of National Intelligence and the Secretary of Defense. Exceptions may only be made for law enforcement, national security or security research purposes if it is authorized or allowed. [6]
The Committee on Foreign Investment in the United States is an inter-agency committee in the United States government that reviews the national security implications of foreign investments in the U.S. economy.
The International Emergency Economic Powers Act (IEEPA), Title II of Pub. L.Tooltip Public Law 95–223, 91 Stat. 1626, enacted October 28, 1977, is a United States federal law authorizing the president to regulate international commerce after declaring a national emergency in response to any unusual and extraordinary threat to the United States which has its source in whole or substantial part outside the United States. The act was signed by President Jimmy Carter on December 28, 1977.
Internet censorship in the United States is the suppression of information published or viewed on the Internet in the United States. The First Amendment of the United States Constitution protects freedom of speech and expression against federal, state, and local government censorship.
Jeffrey Neale Jackson is an American politician, attorney, and military officer serving as the U.S. representative for North Carolina's 14th congressional district since 2023. A member of the Democratic Party, he represented the 37th district in the North Carolina Senate from 2014 to 2022.
Joshua David Hawley is an American politician and lawyer serving as the senior United States senator from Missouri, a seat he has held since 2019. A member of the Republican Party, Hawley served as the 42nd attorney general of Missouri from 2017 to 2019, before defeating two-term incumbent Democratic senator Claire McCaskill in the 2018 election.
The Consolidated Appropriations Act, 2016, also known as the 2016 omnibus spending bill, is the United States appropriations legislation passed during the 114th Congress which provides spending permission to a number of federal agencies for the fiscal year of 2016. The bill authorizes $1.1 trillion in spending, as well as $700 billion in tax breaks. The bill provides funding to the federal government through September 30, 2016.
ByteDance Ltd. is a Chinese internet technology company headquartered in Haidian, Beijing and incorporated in the Cayman Islands.
Brendan Thomas Carr is an American lawyer who has served as a member of the Federal Communications Commission (FCC) since 2017. Appointed to the position by Donald Trump, Carr previously served as the agency's general counsel and as an aide to FCC commissioner Ajit Pai. In private practice, Carr formerly worked as a telecommunications attorney at Wiley Rein.
TikTok, whose mainland Chinese counterpart is Douyin, is a short-form video hosting service owned by Chinese internet company ByteDance. It hosts user-submitted videos, which can range in duration from three seconds to 60 minutes. It can be accessed with a smart phone app.
Carl John Nichols is a United States district judge of the United States District Court for the District of Columbia and a judge of the United States Foreign Intelligence Surveillance Court.
The United States federal budget for fiscal year 2020 ran from October 1, 2019 to September 30, 2020. The government was initially funded through a series of two temporary continuing resolutions. The final funding package was passed as two consolidated spending bills in December 2019, the Consolidated Appropriations Act, 2020 and the Further Consolidated Appropriations Act, 2020. A series of supplemental appropriations bills were passed beginning in March 2020 in response to the COVID-19 pandemic.
TikTok v. Trump was a lawsuit before the United States District Court for the District of Columbia filed in September 2020 by TikTok as a challenge to President Donald Trump's executive order of August 6, 2020. The order prohibited the usage of TikTok in five stages, the first being the prohibition of downloading the application. On September 27, 2020, a preliminary injunction was issued by Judge Carl J. Nichols blocking enforcement of that executive order. The lawsuit, by then captioned TikTok v. Biden, was dismissed in July 2021, following the Biden Administration's rescission of the executive order.
Many countries have imposed past or ongoing restrictions on the video sharing social network TikTok. Bans from government devices usually stem from national security concerns over potential access of data by the Chinese government. Other bans have cited children's well-being and offensive content such as pornography.
In 2020, the United States government announced that it was considering banning the Chinese social media platform TikTok upon a request from then-president Donald Trump, who viewed the app as a national security threat. The result was that TikTok owner ByteDance—which initially planned on selling a small portion of TikTok to an American company—agreed to divest TikTok to prevent a ban in the United States and in other countries where restrictions are also being considered due to privacy concerns, which themselves are mostly related to its ownership by a firm based in China.
The Bipartisan Safer Communities Act is a United States federal law, passed during the 117th United States Congress. It implemented several changes to the mental health system, school safety programs, and gun control laws. Gun control laws in the bill include extended background checks for firearm purchasers under the age of 21, clarification of Federal Firearms License requirements, funding for state red flag laws and other crisis intervention programs, further criminalization of arms trafficking and straw purchases, and partial closure of the boyfriend loophole. It was the first federal gun control legislation enacted in 28 years.
NetChoice is a trade association of online businesses that advocates for free expression and free enterprise on the internet. It currently has six active First Amendment lawsuits over state-level internet regulations, including NetChoice v. Paxton, Moody v. NetChoice, NetChoice v. Bonta and NetChoice v. Yost.
The Consolidated Appropriations Act, 2023 is a $1.7 trillion omnibus spending bill funding the U.S. federal government for the 2023 fiscal year. It includes funding for a range of domestic and foreign policy priorities, including support for Ukraine, defense spending, and aid for regions affected by natural disasters. It also includes provisions related to advanced transportation research, health care, electoral reform, and restrictions on the use of the social media app TikTok.
TikTok has sparked concerns over potential user data collection and influence operations by the Chinese government, leading to restrictions and bans in the United States.
The RESTRICT Act is a proposed law that was first introduced in the United States Senate on March 7, 2023. Introduced by Senator Mark Warner, the Act proposed that the Secretary of Commerce be given the power to review business transactions involving certain information and communications technologies products or services when they are connected to a "foreign adversary" of the United States, and pose an "undue and unacceptable risk" to the national security of the United States or its citizens.
The Protecting Americans from Foreign Adversary Controlled Applications Act (PAFACA) is an act of Congress that was signed into law on April 24, 2024, as part of Public Law 118-50. It would ban social networking services within 270 to 360 days if they are determined by the president of the United States and relevant provisions to be a "foreign adversary controlled application"; the definition covers websites and application software, including mobile apps. The act explicitly applies to ByteDance Ltd. and its subsidiaries—including TikTok—without the need for additional determination. It ceases to be applicable if the foreign adversary controlled application is divested and no longer considered to be controlled by a foreign adversary of the United States.