SB 408: No High Risk Apps/Gov't Networks and Devices. - North Carolina

A1: ACE-63-V-3 → Edition 1 · 7 edits

MODERATE

This document shows the transition from an amendment version of SB 408 to its first edition. The bill prohibits government employees and contractors from using TikTok and similar apps on government devices or during state-funded programs. The amendment version focused on adding access provisions for law enforcement, while the first edition establishes the core prohibition with specific definitions and enforcement requirements.

Scope change

The bill now applies to state employees, local government employees, contractors, and anyone participating in state-funded programs, covering both government-issued devices and state-funded program participation.

SCOPE

Added prohibition on using covered applications during participation in State-funded programs, expanding beyond just government devices

DEFINITION

Defined 'covered application' to include TikTok and WeChat, plus successor applications from ByteDance and Tencent

Added specific definitions for 'device', 'information technology', and 'State-funded program' to clarify the bill's application

REQUIREMENT

Added requirement that employees and contractors must remove covered applications within 30 days of enactment

Added requirement for state agencies and local subdivisions to restrict access to covered application websites on government devices

TIMELINE

Changed the deadline for IT and Public Safety departments to develop access guidelines from March 1, 2026 to March 1, 2025

ENFORCEMENT

Narrowed the exemption for law enforcement access from including the Department of Adult Correction and State Auditor to just prosecutorial and law enforcement agencies

Filed → A1: ACE-63-V-3 · 3 edits

MINOR

The bill was amended to expand the exemption for government agencies, adding the Department of Adult Correction and State Auditor as entities that can access covered applications for investigative purposes. The amendment also extends the deadline for developing access guidelines from March 1, 2025 to March 1, 2026, and clarifies that the exemption applies to matters involving offenders under the Department of Adult Correction's supervision.

Scope change

The bill's scope was expanded to include additional state agencies (Department of Adult Correction and State Auditor) with access exemptions for investigative purposes.

ENFORCEMENT

Added the Department of Adult Correction and State Auditor to the list of agencies permitted to access covered applications for investigative purposes.

TIMELINE

Extended the deadline for developing access guidelines from March 1, 2025 to March 1, 2026.

SCOPE

Added new language covering investigations related to offenders incarcerated with or under the supervision of the Department of Adult Correction and misuse of devices owned by that department.

Edition 2 → Edition 3 · 4 edits

MODERATE

The bill was updated from its second to third edition with substantive changes to enforcement provisions and scope. The most significant change involves expanding which agencies can access covered applications and adding new categories of matters that can be investigated under the law. The bill also includes minor formatting adjustments to the definition section.

Scope change

The bill's scope was expanded to include the Department of Adult Correction as an additional agency with access rights to covered applications, and to allow investigations related to offenders under their supervision or misuse of their devices.

ENFORCEMENT

Added the Department of Adult Correction to the list of agencies authorized to access covered applications for prosecutorial and law enforcement purposes.

Expanded investigative authority to include matters involving offenders incarcerated with or under the supervision of the Department of Adult Correction.

Added authority to investigate matters related to the misuse of devices owned by the Department of Adult Correction.

DEFINITION

Minor reformatting of the definition section, reordering items in the definition of 'computer' and adjusting spacing in the 'State-funded program' definition.

Edition 1 → Edition 2 · 5 edits

MODERATE

This bill was revised to narrow its scope by removing language that prohibited TikTok and other apps during participation in state-funded programs. The Judiciary Committee also removed sponsor information and adjusted enforcement timelines and exemptions for law enforcement access.

Scope change

The bill's scope was narrowed by removing the prohibition on using covered applications during participation in State-funded programs, which previously applied to contractors and program participants beyond just government employees and contractors.

SCOPE

Deleted subsection (c) which prohibited access, download, or use of covered applications during participation in any State-funded program.

TIMELINE

Changed the deadline for developing law enforcement access guidelines from March 1, 2025 to March 1, 2026.

ENFORCEMENT

Added State Auditor employees engaged in investigations to the list of entities allowed to access covered applications for investigative purposes.

TECHNICAL

Removed sponsor names and committee referral information from the bill header.

Added 'mobile devices, and virtual machines' to the definition of information technology in subsection (3).

No High Risk Apps/Gov't Networks and Devices.

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