12 | 13 | | A BILL TO BE ENTITLED 1 |
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13 | 14 | | AN ACT PROHIBITING THE USE OF TIKTOK ON GOVERNMENT DEVICES AND 2 |
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14 | 15 | | DURING PARTICIPATION IN STATE-FUNDED PROGRAMS. 3 |
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15 | 16 | | The General Assembly of North Carolina enacts: 4 |
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16 | 17 | | SECTION 1. Article 10 of Chapter 143 of the General Statutes is amended by adding 5 |
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17 | 18 | | a new section to read: 6 |
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18 | 19 | | "§ 143-162.11. Prohibition on the use of TikTok and other applications. 7 |
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19 | 20 | | (a) No employee of the State or of a local political subdivision of the State shall download 8 |
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20 | 21 | | or use a covered application or access the website of a covered application on or using any 9 |
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21 | 22 | | government-issued device or information technology. 10 |
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22 | 23 | | (b) No person contracting with the State, or with a local political subdivision of the State, 11 |
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23 | 24 | | may access, download, or use a covered application on equipment owned or leased by the State 12 |
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24 | 25 | | or by a local political subdivision of the State. 13 |
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25 | 26 | | (c) No person may access, download, or use a covered application on any 14 |
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26 | 27 | | government-issued device or during participation in any State-funded program. 15 |
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27 | 28 | | (d) State agencies and local political subdivisions of the State shall restrict access to the 16 |
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28 | 29 | | websites of covered applications on government-issued devices and information technology. 17 |
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29 | 30 | | (e) The following definitions apply in this section: 18 |
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30 | 31 | | (1) Covered application. – Any of the following applications or services: 19 |
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31 | 32 | | a. TikTok or any successor application or service developed or provided 20 |
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32 | 33 | | by ByteDance Limited or an entity owned by ByteDance Limited. 21 |
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33 | 34 | | b. WeChat or any successor application or service developed or provided 22 |
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34 | 35 | | by Tencent Holdings Limited or an entity owned by Tencent Holdings 23 |
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35 | 36 | | Limited. 24 |
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36 | 37 | | (2) Device. – Any cellular phone, desktop computer, laptop, or other electronic 25 |
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37 | 38 | | device capable of connecting to the internet issued by the State or by a local 26 |
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38 | 39 | | political subdivision of the State. 27 |
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39 | 40 | | (3) Information technology. – As defined by G.S. 143B-1320(a)(11). The term 28 |
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40 | 41 | | also includes (i) any equipment or interconnected system or subsystem of 29 |
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41 | 42 | | equipment used in the automatic acquisition, storage, analysis, evaluation, 30 |
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42 | 43 | | manipulation, management, movement, control, display, switching, 31 |
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43 | 44 | | interchange, transmission, or reception of data or information by a 32 |
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44 | 45 | | State-funded program, whether the equipment is used by the State-funded 33 |
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45 | 46 | | program directly or is used by a contractor under a contract with the 34 |
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46 | 47 | | State-funded program that requires the use of that equipment in the 35 |
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49 | 54 | | mobile devices, and virtual machines as well as ancillary equipment, 1 |
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50 | 55 | | peripheral equipment designed to be controlled by the central processing unit 2 |
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51 | 56 | | of a computer, software, firmware and similar procedures, services (including 3 |
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52 | 57 | | support services), and related resources. 4 |
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53 | 58 | | (4) State-funded program. – Any program or activity funded in whole or in part 5 |
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54 | 59 | | by State, federal, or local funds." 6 |
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55 | 60 | | SECTION 2. Any employee of the State or of a local political subdivision of the 7 |
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56 | 61 | | State, or any person contracting with the State or with a local political subdivision of the State, 8 |
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57 | 62 | | who has already downloaded a covered application to a government-issued device shall remove, 9 |
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58 | 63 | | delete, and uninstall the covered application no later than 30 days after the enactment of this act. 10 |
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59 | 64 | | SECTION 3. Nothing in this act shall be construed to prevent prosecutorial and law 11 |
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60 | 65 | | enforcement agencies from accessing the applications covered by this act for prosecutorial, law 12 |
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61 | 66 | | enforcement, and investigative purposes. By March 1, 2025, the Departments of Information 13 |
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62 | 67 | | Technology and Public Safety shall develop jointly the guidelines necessary for prosecutorial 14 |
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63 | 68 | | and law enforcement agency access to covered applications along with the risk mitigation actions 15 |
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64 | 69 | | necessary for such use. 16 |
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65 | 70 | | SECTION 4. This act is effective when it becomes law. 17 |
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