An Act Restraining State and Local Governmental Use of Mobile or Online Software Applications and Electronic Devices Under Control of a Foreign Adversary

Policy Status

  • Type: Model Policy
  • Status: Final
  • Date Introduced: December 4, 2024
  • Date Finalized: December 31, 2024

Issues

  • Communications and Technology
  • International Relations

    • Task Forces

  • Federalism, Homeland Security and International Relations
  • Communications and Technology

    • Tags

  • SNPS 2024

    • Summary

    The purpose of this model policy is to protect state and local government systems and data, and their ability to protect citizens’ data and access to government systems, from cyber attacks and surveillance by adverse foreign interests. This model would prohibit the use or procurement of any software, application, or AI tool that is owned by any entity located in a designated foreign adversary nation.
    Draft

    An Act Restraining State and Local Governmental Use of Mobile or Online Software Applications and Electronic Devices Under Control of a Foreign Adversary

    Model Policy

    Be it Enacted by the Legislature of [STATE]:

    SECTION 1 DEFINITIONS. In this Act:

    (a) “State agency” means an association, authority, board, department, commission, independent agency, institution, system, office, society, or other body in state government created or authorized to be created by the constitution or any law.

    (b) “Foreign country of concern” means foreign adversaries, as designated in 15 CFR 791.4.

    SECTION 2  BAN.

    (a) All officials, employees, or contractors of a state agency, other than a law enforcement officer, as defined in [STATE CRIMINAL CODE SECTION], for law enforcement purposes, shall prohibit the following on any state-owned or state-leased device capable of accessing the internet:

    (i) the download and/or use of any social media application, channel, and platform that is owned by an entity located in a foreign country of concern and

    (ii) accessing the website of any social media application, channel, and platform that is owned by an entity located in a foreign country of concern.

    (b) All officials, employees, or contractors of a state agency, other than a law enforcement officer for law enforcement purposes, are prohibited from using applications, software or AI algorithms that are owned by an entity located in a foreign country of concern.

    (c) the ban imposed by this section does not apply to officials, employees, or contractors of a state agency who have obtained a written waiver from the [STATE Secretary of State] for purposes of and limited to the performance of their duties.