North Carolina 2025-2026 Regular Session

North Carolina Senate Bill S408 Latest Draft

Bill / Amended Version Filed 03/25/2025

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