As the result of a ban imposed by FAR 52.204-27, an interim rule prohibiting ByteDance on any contracts whose performance may involve the use of IT by contractors has taken effect. The TikTok prohibition applies to the presence or use of any covered application on any information technology owned or managed by a contractor including equipment provided by the contractor’s employees unless an exception is granted in accordance with OMB Memorandum M–23–13.

Jeremy Burkart, an experienced government contracts litigation attorney at Holland & Knight LLP, will present on the legal implications for firms. Prior to joining the Holland & Knight, he was an Army JAG Officer.

Beijing-based company, ByteDance, owner of TikTok, is subject to laws in China that make information from users accessible to the Chinese government. This has raised concerns that the Chinese government could spy on American users, which is why Congress passed the “No TikTok on Government Devices Act” with wide, bipartisan margins. TikTok is also being investigated by the FBI and the Department of Justice, and ByteDance has confirmed that it has previously used TikTok to monitor the physical locations of American journalists.

After attending this session participants will:

• Understand the role and tools IT departments have to enforce these measures by remotely removing the TikTok application across selected devices.
• The legality of enforcing a ban on personal devices.
• The impacts on federal contracting if your employee’s devices are using this technology and the exceptions allowable under the FAR.