North Carolina 2025-2026 Regular Session

North Carolina Senate Bill S408 Compare Versions

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11 GENERAL ASSEMBLY OF NORTH CAROLINA
22 SESSION 2025
3-S 1
4-SENATE BILL 408
3+S D
4+SENATE BILL DRS45230-LR-15A
5+
56
67
78 Short Title: No High Risk Apps/Gov't Networks & Devices. (Public)
89 Sponsors: Senators Moffitt, Hanig, and Johnson (Primary Sponsors).
9-Referred to: Rules and Operations of the Senate
10-March 25, 2025
11-*S408 -v-1*
10+Referred to:
11+
12+*DRS45230 -LR-15A*
1213 A BILL TO BE ENTITLED 1
1314 AN ACT PROHIBITING THE USE OF TIKTOK ON GOVERNMENT DEVICES AND 2
1415 DURING PARTICIPATION IN STATE-FUNDED PROGRAMS. 3
1516 The General Assembly of North Carolina enacts: 4
1617 SECTION 1. Article 10 of Chapter 143 of the General Statutes is amended by adding 5
1718 a new section to read: 6
1819 "§ 143-162.11. Prohibition on the use of TikTok and other applications. 7
1920 (a) No employee of the State or of a local political subdivision of the State shall download 8
2021 or use a covered application or access the website of a covered application on or using any 9
2122 government-issued device or information technology. 10
2223 (b) No person contracting with the State, or with a local political subdivision of the State, 11
2324 may access, download, or use a covered application on equipment owned or leased by the State 12
2425 or by a local political subdivision of the State. 13
2526 (c) No person may access, download, or use a covered application on any 14
2627 government-issued device or during participation in any State-funded program. 15
2728 (d) State agencies and local political subdivisions of the State shall restrict access to the 16
2829 websites of covered applications on government-issued devices and information technology. 17
2930 (e) The following definitions apply in this section: 18
3031 (1) Covered application. – Any of the following applications or services: 19
3132 a. TikTok or any successor application or service developed or provided 20
3233 by ByteDance Limited or an entity owned by ByteDance Limited. 21
3334 b. WeChat or any successor application or service developed or provided 22
3435 by Tencent Holdings Limited or an entity owned by Tencent Holdings 23
3536 Limited. 24
3637 (2) Device. – Any cellular phone, desktop computer, laptop, or other electronic 25
3738 device capable of connecting to the internet issued by the State or by a local 26
3839 political subdivision of the State. 27
3940 (3) Information technology. – As defined by G.S. 143B-1320(a)(11). The term 28
4041 also includes (i) any equipment or interconnected system or subsystem of 29
4142 equipment used in the automatic acquisition, storage, analysis, evaluation, 30
4243 manipulation, management, movement, control, display, switching, 31
4344 interchange, transmission, or reception of data or information by a 32
4445 State-funded program, whether the equipment is used by the State-funded 33
4546 program directly or is used by a contractor under a contract with the 34
4647 State-funded program that requires the use of that equipment in the 35
47-performance of a service or the furnishing of a product and (ii) computers, 36 General Assembly Of North Carolina Session 2025
48-Page 2 Senate Bill 408-First Edition
48+performance of a service or the furnishing of a product and (ii) computers, 36
49+FILED SENATE
50+Mar 24, 2025
51+S.B. 408
52+PRINCIPAL CLERK General Assembly Of North Carolina Session 2025
53+Page 2 DRS45230-LR-15A
4954 mobile devices, and virtual machines as well as ancillary equipment, 1
5055 peripheral equipment designed to be controlled by the central processing unit 2
5156 of a computer, software, firmware and similar procedures, services (including 3
5257 support services), and related resources. 4
5358 (4) State-funded program. – Any program or activity funded in whole or in part 5
5459 by State, federal, or local funds." 6
5560 SECTION 2. Any employee of the State or of a local political subdivision of the 7
5661 State, or any person contracting with the State or with a local political subdivision of the State, 8
5762 who has already downloaded a covered application to a government-issued device shall remove, 9
5863 delete, and uninstall the covered application no later than 30 days after the enactment of this act. 10
5964 SECTION 3. Nothing in this act shall be construed to prevent prosecutorial and law 11
6065 enforcement agencies from accessing the applications covered by this act for prosecutorial, law 12
6166 enforcement, and investigative purposes. By March 1, 2025, the Departments of Information 13
6267 Technology and Public Safety shall develop jointly the guidelines necessary for prosecutorial 14
6368 and law enforcement agency access to covered applications along with the risk mitigation actions 15
6469 necessary for such use. 16
6570 SECTION 4. This act is effective when it becomes law. 17