Idaho H 175: COMMUNICATIONS SECURITY – Adds to existing law to prohibit state employees from using or downloading TikTok on a state-issued device, to provide that the state shall implement controls to prevent the use of TikTok on state-issued devices, and to provide a penalty.

Bill Text

LEGISLATURE OF THE STATE OF IDAHO
Sixty-seventh Legislature First Regular Session - 2023
IN THE HOUSE OF REPRESENTATIVES
HOUSE BILL NO. 175
BY STATE AFFAIRS COMMITTEE
AN ACT1
RELATING TO COMMUNICATIONS SECURITY; PROVIDING LEGISLATIVE INTENT; AMEND-2
ING CHAPTER 67, TITLE 18, IDAHO CODE, BY THE ADDITION OF A NEW SECTION3
18-6726, IDAHO CODE, TO DEFINE A TERM, TO PROHIBIT STATE EMPLOYEES4
FROM USING OR DOWNLOADING TIKTOK ON A STATE-ISSUED DEVICE, TO PROVIDE5
THAT THE STATE SHALL IMPLEMENT CONTROLS TO PREVENT THE USE OF TIKTOK ON6
STATE-ISSUED DEVICES, AND TO PROVIDE A PENALTY; AND DECLARING AN EMER-7
GENCY.8
Be It Enacted by the Legislature of the State of Idaho:9
SECTION 1. LEGISLATIVE INTENT. Preserving the safety, security, pri-10
vacy, and way of life of the State of Idaho and its citizens is of paramount11
importance, and the state must take steps to prevent the collection of pri-12
vate data of Idaho citizens by platforms such as TikTok that may share sensi-13
tive information with foreign governments.14
SECTION 2. That Chapter 67, Title 18, Idaho Code, be, and the same is15
hereby amended by the addition thereto of a NEW SECTION, to be known and des-16
ignated as Section 18-6726, Idaho Code, and to read as follows:17
18-6726. TIKTOK USE BY STATE EMPLOYEES ON A STATE-ISSUED DEVICE PRO-18
HIBITED. (1) As used in this section, "TikTok" means the social networking19
service owned by the Chinese company ByteDance Limited or any successor ap-20
plication.21
(2) No person or entity that contracts with the state government and no22
member or employee of:23
(a) The executive branch, the state legislature, or the judiciary;24
(b) Any state-funded agency, department, organization, commission,25
office, division, board, bureau, council, college, university, admin-26
istration, or corrections industry or any other division or subdivision27
that is funded in whole or in part through funds appropriated in the28
state budget; or29
(c) The Idaho air national guard, Idaho army national guard, or Idaho30
state police31
shall download or use the TikTok application or visit the TikTok website on32
any network owned by, operated by, or otherwise under the control of state33
government or on any state government-issued device, including but not lim-34
ited to a cellular phone, a computer, or any other device capable of internet35
connectivity.36
(3) The executive branch, the legislative branch, and the judicial37
branch shall implement controls to prevent the use of TikTok on state govern-38
ment-issued equipment or while connected to any network owned, operated, or39
otherwise under the control of state government.40

2
(4) Any person who knowingly violates the provisions of subsection (2)1
of this section shall be guilty of a misdemeanor.2
SECTION 3. An emergency existing therefor, which emergency is hereby3
declared to exist, this act shall be in full force and effect on and after its4
passage and approval.5