TikTok prohibited on devices related to federal contracts

On June 2, 2023, the federal government issued an interim Federal Acquisition Regulation (FAR 52.204-27 Prohibition on a ByteDance Covered Application) prohibiting the use of TikTok or other ByteDance applications on information technology used in the performance of a federal contract.

• The rule applies to federal contracts awarded or modified on or after June 2, 2023. The new FAR language will appear in individual contracts.

• Information technology includes those owned by the government, owned by a contractor (e.g. University of Kentucky) or owned by the employee (personal devices).

• UK faculty, staff and students must not install or access via the internet TikTok or any other ByteDance Ltd. products on any device used to perform work related to federal contracts.

• Performing work on a federal contract may include activities such as collecting, storing or analyzing data, receiving/sending email, and/or viewing documents specific to the contract.

• When a final ruling is issued, some details may be clarified or changed, at which point guidance will be updated.

Given the interim nature of the ruling, questions remain regarding scope and enforceability. At this time, the UK Office of Legal Counsel offers the following FAQs to address specific questions. These will be updated as needed on the UK Research website.

FAQs

• Why was the interim rule issued?
  
  Per the prohibition, “this interim rule is being implemented as a national security measure to protect Government information and information and communication technology systems.”

• What ByteDance products are prohibited?
  
  The ban applies to TikTok and all other applications developed or provided by ByteDance Ltd. or its subsidiaries including, but not limited to, those identified on https://www.bytedance.com/en/products.

• Does the rule apply to grants?
  
  The ByteDance prohibition applies only to contracts. At this time, the prohibition does not apply to federal grants or cooperative agreements. In general terms, the federal government uses grants and cooperative agreements to assist researchers in developing research for the general public good. The principal purpose of a federal contract is to purchase property or services for the direct benefit of the federal government.

• How does this impact use of TikTok for recruitment of participants to a research study?
  
  If a research study is funded via federal contract, TikTok would not be permitted to be used as a recruitment tool.

• Who needs to abide by this rule?
  
  Anyone performing work on a government contract with the new FAR clause must follow the rule. The restrictions apply to all UK employees (faculty, staff, post-degree training appointees, graduate assistants and student hourly employees) who are performing services in connection with the federal contract. If your existing contract does not have this FAR clause, a future amendment will include it. If you do not know if your work is part of a federal contract, please contact your principal investigator (PI).

• Are there exceptions to this rule?
  
  There are limited exceptions to the rule — for a specific agency program or operational action — which are available for law enforcement activities, national security interests and activities, and security research. As identified in OMB Memorandum M-23-13, exceptions must be granted by an agency head or their designee and are limited to one-year periods.

• How does this apply to my personal devices?
  
  If personal devices are used to perform work (including collecting, storing or analyzing data, receiving/sending email, calendaring, and/or viewing documents) specific to the federal contract, ByteDance applications can not be used on those devices.

• As a principal investigator (PI) on a federal contract subject to the rule, what should I do?

  • Make sure your study team knows about the rule.

  • Uninstall ByteDance apps from university-owned or personal devices used in the performance of a federal contract.

• Who should I contact with questions?
  
  Contact Sarah Poll, sara.poll@uky.edu, Office of Sponsored Projects Administration (OSPA), and/or Ella Dunbar, ella.dunbar@uky.edu, UK Office of Legal Counsel, with further questions.