Background

On June 2, 2023, the federal government issued a new rule (“Prohibition on a ByteDance Covered Application” or “Rule”) prohibiting the presence or use of the social networking service TikTok on certain Information Technology (“IT”) used by federal contractors. The prohibition applies to TikTok or any successor application or service developed or provided by ByteDance or a company owned by ByteDance.  

Definition of IT Covered by the Rule

The rule defines IT broadly to include “computers, ancillary equipment …, peripheral equipment designed to be controlled by the central processing unit of a computer, software, firmware, and similar procedures, services (including support services), and related resources.” This definition could include tablets or mobile phones that are required to be used or used to a significant extent in the performance of federal contract.

Under the Rule, the IT subject to the prohibition related to TikTok and ByteDance includes only the IT used by a federal contractor, who is under contract with a federal agency where

  • the equipment in question, or
  • the use of that equipment plays a significant role in the performance of a service or the furnishing of a product to the Federal government

The rule applies regardless of who owns the IT. That is, it applies to IT owned or managed by the Government, and also to IT owned by Rockefeller, including equipment personally owned by Rockefeller employees. However, as discussed above, the rule applies only where there is a federal contract that requires the use of that equipment, or requires the use of the equipment to a significant extent in the performance of the federal contract.

The definition of IT does not include any equipment acquired by a federal contractor incidental to a federal contract. It also does not apply to personally-owned devices that are not used to a significant extent in service of a federal contract.

Rockefeller Policy

To comply with this rule, Rockefeller University prohibits the presence or use of TikTok (or any successor app or service that is developed or provided by ByteDance or a company owned by ByteDance) on IT devices, including personally-owned devices, if the federal contract requires the use of the equipment or requires the use of the equipment to a significant extent in the performance of the contract.