TikTok FAQs
Frequently Asked Questions for OMB-M-23-13 - Prohibition on ByteDance Covered Applications (TikTok & Lark)
The federal government has restricted the use of ByteDance (TikTok & Lark) Social Networking Services in certain types of federal contracts and agreements. Per the applicable law and regulations, Stanford personnel who work on federal contracts or other agreements specifically identified by the government, including faculty, postdocs, employees, and graduate students, are prohibited from downloading or using TikTok or Lark on any information technology (including personal equipment) – laptops, cell phones, software, and firmware – used in the performance of a federal government contract or other agreements specifically identified by the government.
- What is FAR Clause 52.204-27 (Prohibition on ByteDance Applications, Including TikTok and Lark), and who does it apply to at Stanford?
- When did the prohibition on ByteDance applications, including TikTok and Lark, go into effect?
- What are ByteDance Covered Applications, and why is FAR Clause 52.204-27 referred to as the “TikTok Clause” when there are other Applications developed or provided by ByteDance?
- What do faculty and staff need to do to comply with the restrictions?
- How do I know if the federal project(s) which I am working on are federal contracts that are subject to these restrictions?
- Who is responsible for ensuring that TikTok, Lark, and other Covered Applications are not being downloaded or used on devices used in the performance of federal contracts that are subject to the FAR Clause 52.204-27 (TikTok Clause)?
- Can I check emails regarding the federal contract with a FAR Clause 52.204-27 (TikTok Clause) on my personal device? I want to comply with the requirement but am not sure what “used in the performance of a federal government contract” or “significant use” means.
- I am a faculty member who does not use any information technology, including personal equipment such as laptops, cell phones, software, and firmware for any work on my federal contracts. Can I keep TikTok or other Covered Applications on my phone?
- Will Stanford be blocking TikTok, Lark, or other Covered Applications on campus?
- I still have questions about these restrictions. Who can I contact with questions or for more information?
Q1: What is FAR Clause 52.204-27 (Prohibition on ByteDance Applications, Including TikTok and Lark), and who does it apply to at Stanford?
A1:
- The federal government has restrcited the use of ByteDance Social Networking Services, including but not limited to TikTok and Lark, in certain federal contracts and other agreements. To implement this restriction, federal agencies are incorporating FAR Clause 52.204-27, Prohibition on a ByteDance Covered Application, into contracts and other agreements. This clause prohibits Stanford personnel who work on federal contracts and agreements that include this FAR clause - such as faculty, postdocs, employees, and graduate students - from downloading or using TikTok, Lark, or any other application or service developed or provided by ByteDance Limited (Covered Application) on any information technology, including personal equipment such as laptops, cell phones, software, and firmware – used in the performance of these types of federal government contracts or other agreements specifically identified by the government. FAR Clause 52.204-27 is commonly referred to as the “TikTok Clause.” See, Consolidated Appropriations Act, 2023, Pub. L. No. 117-328, div. R, tit. V, § 5701, 136 Stat. 4459, 6174 (2022), Federal Register Notice (Federal Acquisition Regulation: Prohibition on a ByteDance Covered Application (06/02/2023); and FAR Clause 52.204-27, Prohibition on a ByteDance Covered Application.
Q2: When did the prohibition on ByteDance applications, including TikTok and Lark, go into effect?
A2: The prohibition on ByteDance applications was introduced as part of the Consolidated Appropriations Act, 2023, which was signed into law on December 29, 2022. The specific enforcement through FAR Clause 52.204-27 (Tik Tok Clause) went into effect on June 2, 2023, requiring compliance from all federal contracts that include this clause.
Q3: What are ByteDance Covered Applications, and why is FAR Clause 52.204-27 referred to as the “TikTok Clause” when there are other Applications developed or provided by ByteDance?
A3: · ByteDance Covered Applications refer to any software, platforms, or services developed or provided by ByteDance Limited, which are prohibited under FAR Clause 52.204-27 (the TikTok Clause) if used on devices involved in the performance of federal contracts subject to the clause. The most commonly recognized ByteDance applications include:
- TikTok – A popular video-sharing social media platform.
- Lark – A communication and productivity tool with messaging, video conferencing, and collaboration features.
- Douyin – The Chinese version of TikTok (available in China).
- Helo – A regional social networking platform that allows content sharing in multiple languages, especially popular in India.
While the clause technically applies to all applications developed or provided by ByteDance, FAR Clause 52.204-27 is often referred to as the "TikTok Clause" because TikTok is the most well-known and widely used of these applications.
Q4: What do faculty and staff need to do to comply with the restrictions?
A4: Do not download/use a ByteDance Covered application such as TikTok or Lark on government or university-issued equipment, or personal devices used in the performance of federal contracts that include FAR Clause 52.204-27 (TikTok Clause), including federal research contracts and service agreements that include this Clause. If you have TikTok, Lark, or another covered application already installed on devices you use in support of federal contracts that include the FAR 52.204-27 Clause (TikTok Clause), please remove it.
Q5: How do I know if the federal project(s) which I am working on are federal contracts that are subject to these restrictions?
A5: Principle Investigators (PIs) with federal contracts that include FAR Clause 52.204-27 (TikTok Clause) will be notified by the Contract Grant Officer and required to certify that they will comply with the prohibition. The PI is then responsible for certifying compliance with the prohibition and for informing all personnel working on the contract that it is subject to and, therefore, subject to these restrictions. Additionally, the PI is responsible for collecting a signed copy of Informed Participation Acknowledgement and Certification from each individual working under the contract and subject to its terms. If you are unsure, please check with your PI.
Q6: Who is responsible for ensuring that TikTok, Lark, and other Covered Applications are not being downloaded or used on devices used in the performance of federal contracts that are subject to the FAR Clause 52.204-27 (TikTok Clause)?
A6: The PI on federal contracts with the FAR Clause 52.204-27 (TikTok Clause) is responsible for ensuring compliance and for making sure that all individuals working on the project—including faculty, staff, postdocs, employees, and graduate students—comply with the prohibition. This is outlined in the Informed Participation Acknowledgement and Certification , which must be signed by the PI and each individual working under the contract.
Q7: Can I check emails regarding the federal contract with a FAR Clause 52.204-27 (TikTok Clause) on my personal device? I want to comply with the requirement but am not sure what “used in the performance of a federal government contract” or “significant use” means.
A7: If you are using your personal device in the performance of a federal contract that is subject to the FAR Clause 52.204-27 (TikTok Clause), then you should not have or use any Covered Application on your personal device. This includes checking and responding to emails related to the federal contract, collecting, storing, or analyzing data, calendaring, and/or viewing documents specific to the federal contract.
“Used in the performance of a federal contract" that is subject to the FAR Clause 52.204-27 (TikTok Clause) refers to the regular or repeated use of personal devices for contract-related tasks. Examples include:
- Routinely checking and responding to emails related to the contract;
- Collecting, storing, or analyzing data for the contract;
- Using the device to access or manage contract-specific documents or resources; or
- Scheduling or organizing contract-related meetings and activities.
Occasional or one-off use, such as briefly checking an email or viewing a document, may not be considered "significant use." That said, because it can be difficult to clearly define "significant use," it is recommended that personnel avoid using personal devices for contract-related activities subject to the FAR Clause 52.204-27 (TikTok Clause) even for what may seem to be occasional use.
Q8: I am a faculty member who does not use any information technology, including personal equipment such as laptops, cell phones, software, and firmware for any work on my federal contracts. Can I keep TikTok or other Covered Applications on my phone?
A8: Yes, if you do not use your personal device in the performance of a federal contract with the FAR Clause 52.204-27 (TikTok Clause), you do not have to delete TikTok or any other Covered Application.
Q9: Will Stanford be blocking TikTok, Lark, or other Covered Applications on campus?
A9: No. Stanford is committed to academic freedom, as well as freedom of expression and inquiry. The restrictions we have outlined are in compliance with government requirements and limited to federal contracts with the FAR Clause 52.204-27 (TikTok Clause).
Q10: I still have questions about these restrictions. Who can I contact with questions or for more information?
A10: If you have any questions, please contact prohibitedcomponents@stanford.edu.