Kansas Committee Passes TikTok Ban; Other States on the Move

The Kansas House Legislative Modernization Committee passed by voice vote Monday a bill to codify an executive order from Gov. Laura Kelly (D) banning TikTok on state-owned devices and networks.

Some committee members, who said they don't necessarily oppose the ban, spoke against rushing the bill (HB-2314) through committee by holding a hearing and voting on the same day. Proponents said it’s an urgent need to address concerns about the Chinese government’s access to TikTok user data.

The Kentucky Senate passed its own ban, SB-20, Friday. Two bills are under consideration in the Kentucky House, HB-124 and HB-155. Various states are moving similar bills (see 2302100061). Congress banned the app on federal devices in December (see 2212270051).

These bans are “based on nothing more than the hypothetical concerns” that lawmakers have “heard on the news,” a TikTok spokesperson said in a statement Monday. “We can understand why state lawmakers wouldn't want state employees to have entertainment apps on their work devices for personal use, but singling out TikTok on all state devices and networks does nothing to improve security. All it does is prevent state universities, health agencies, economic development agencies, and others needing to share information publicly from reaching their constituents on a platform loved by millions of Americans.”

Under HB-2314, any Kansas agency with a TikTok account would need to deactivate and delete it. The bill covers “social media platforms of concern,” defining them as any site or app controlled by TikTok or a TikTok-owned subsidiary or successor. There was discussion at the hearing Monday about clarifying the language so it covers all entities controlled by TikTok parent company ByteDance and its successors. Rep. Mark Schreiber (R) noted the need to cover ByteDance. There was also discrepancy about whether using TikTok on a personal device connected to a state network inside a government building would violate the statute. It’s possible that could raise First Amendment concerns, said Assistant Revisor of Statutes Natalie Scott.

Rep. Jerry Stogsdill (D) said he probably doesn’t have any concern with codifying the EO, but it’s not good practice to immediately move a bill after a legislative hearing.

Rep. Patrick Penn (R) said he generally agrees with Stogsdill, but TikTok is an urgent problem, which has been magnified in recent weeks with reports of the Chinese government’s use of spy balloons over the U.S. There’s a need to move the bill urgently, and that no opponents spoke against HB-2314 during the allotted time shows there’s general agreement, said Penn. Kansas devices are already subject to the EO, and the bill is just an attempt to reinforce what the governor wants, said Chair Barbara Wasinger (R). It’s a “reasonable thing to do,” said Wasinger, noting she recommended her employees not use the app. Rep. Bill Rhiley (R) said he was somewhat “challenged” about moving the bill Monday. It’s possible the legislation could be better worded so it covers all Chinese companies or even adversaries in Russia, he said.

That would cast an “extremely wide net” without a “full understanding” of the ramifications, said Rep. Blake Carpenter (R). As written, the bill addresses specific, concrete problems with TikTok data sharing, he said. Carpenter said free speech wouldn't be involved because the bill doesn’t control what private citizens do with the app, only how it’s used on state devices and networks. Penn, a U.S. Army veteran, said it’s similar to military operations, where certain activity is banned on military networks. Using the app on a personal device that’s connected to a state network would apparently violate the statute, he said.

Rep. Cyndi Howerton (R) said she didn’t have an issue with moving the bill Monday. There’s plenty of time to amend the legislation before it hits the House floor, she said. Carpenter said it’s possible to add a conceptual amendment to clarify that the bill covers all ByteDance entities. Rep. Jesse Borjon (R) said he's concerned about rushing the bill but agreed it's urgent to address TikTok privacy. It seems like a “no-brainer” to ban the app on state devices, but maybe there should have been more time to consider language clarifications at the committee level, said Rep. Melissa Oropeza (D). Rep. Carl Turner (R) said he preferred the original bill language, mirroring the governor’s EO. The bill passed by voice vote, with Stogsdill recording a no vote.