In recent months, there has been a lot of concern about the impending TikTok ban due to security concerns surrounding the popular social media app. The app, which is owned by a Chinese company, has been banned in several countries, including India, and now, all federally provided technologies and agencies in the United States. As a result of the latter, government contractors also face an immediate deadline to delete TikTok from some IT systems due to security concerns. This blog post will explore what government contractors should know about the deadline and why it matters.
The Issue:
TikTok, the popular social media app, is owned by ByteDance, a Beijing-based company subject to Chinese laws. This has raised concerns that the Chinese government could use the app to spy on American users, spread propaganda, or engage in disinformation campaigns.
To address this issue, a bipartisan group of senators introduced the RESTRICT Act, which would enable the U.S. Department of Commerce to identify and mitigate transactions involving technology products that pose undue or unacceptable risks to national security, particularly those involving foreign adversaries like China. President Joe Biden has endorsed the RESTRICT Act, which is expected to pass Congress in its current form or a substantially similar one.
Meanwhile, the Committee on Foreign Investment in the United States (CFIUS) has threatened to ban TikTok unless the company separates from its Chinese owners. However, given the Chinese government’s likely resistance to such a move, it remains unclear whether ByteDance will divest itself of TikTok.
As the situation surrounding TikTok and national security continues to evolve, the United States government is taking steps to protect its citizens and interests from potential harm.
OMB Directives to Federal Contractors & Agencies
On February 28, 2023, the White House issued a memorandum requiring the removal of TikTok from Federal Information Technology. The OMB directive has important implications for government contractors, as it applies to all “information technology,” as defined in 40 U.S.C.§ 11101(6).
This means that the directive covers IT owned or operated by federal agencies, as well as any IT used by a contractor under a contract where the agency requires the use of that IT, either expressly or to a significant extent.
The OMB memo contains three compliance deadlines.
The TikTok Ban Deadlines:
Deadline 1: March 29, 2023
– Federal agencies are required to identify the use or presence of TikTok on IT.
– Remove and disallow installations of TikTok on IT owned or operated by agencies.Â
– Prohibit internet traffic from IT owned by agencies to TikTok.
Deadline 2: May 28, 2023
– Agencies must ensure that any new contracts issued do not contain requirements that include the use of TikTok in performance.Â
– Cease the use of contracts that include requirements that may involve the use of TikTok in the performance of the contract or modify those contracts.
By this date, contractors must ensure that TikTok is removed from all of its IT, cannot be downloaded, or otherwise accessed on any company IT, and any use thereof can be identified.
Deadline 3: June 27, 2023
– Agencies must ensure that any modification extending the period of performance that includes the use of IT must conform with the TikTok ban.Â
– Each agency solicitation must require conformance with the TikTok ban as part of any resulting contract.
Exceptions to the OMB directive are permitted for law enforcement activities, national security interests and activities, and security research. Applications for exceptions are very restrictive and are not automatic.
To date, agencies have not released any proposed or interim rules or proposed Federal Acquisition Regulations (FAR) or the Defense Federal Acquisition Regulation Supplement (DFARS) amendments.
In conclusion, the deadline for government contractors to delete TikTok from some IT systems is fast approaching. While the TikTok ban doesn’t apply to everyone, it’s important for anyone who works for a government contractor to be aware of the details of the ban and the consequences of not complying. It’s also worth remembering that this issue is not unique to the United States, and other countries have also banned the app due to security concerns. As always, it’s important to prioritize the security of sensitive information and take all necessary steps to protect it.
