DOJ says federal ban on TikTok for government devices no longer applies

The U.S. Justice Department has concluded that a federal law prohibiting TikTok on government devices is no longer applicable. This determination stems from the recent shift in TikTok's U.S. operations, which are now managed by a joint venture largely owned by American investors. This restructuring aimed to address national security concerns previously raised due to TikTok's ownership by Beijing-based ByteDance, which retains a minority stake.

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Congress banned only the version of TikTok that shares the same problematic ownership features.

In late 2022, Congress enacted legislation requiring executive branch agencies to remove TikTok from federal devices, including any successor applications owned by ByteDance. However, a recent written opinion from the Justice Department's Office of Legal Counsel argues that this law specifically targeted the version of TikTok with problematic ownership features. The current U.S. version, they contend, no longer falls under that ban.

The Justice Department's opinion, addressed to the deputy counsel to the president, clarifies that while the federal ban on government devices has been lifted, individual agencies retain the authority to decide on TikTok usage. Agencies can still implement their own bans based on workforce management needs, such as enhancing employee productivity or adhering to specific workplace policies.

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independently decide to ban the downloading of TikTok to government devices for workforce management reasons, such as promoting employee productivity.

This development comes after years of scrutiny and a looming nationwide ban driven by fears that data from the app could be accessed by the Chinese government. Congress had previously passed legislation that would have forced ByteDance to divest its U.S. operations by January 2025, or face a ban. While former President Trump initially supported a ban, he later directed the Justice Department not to enforce it, seeking an ownership deal. The finalized deal in January 2026 saw U.S.-based investors take a majority stake, with ByteDance holding just under the legal threshold.

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We understand you have since instructed that employees of Executive Branch agencies may download TikTok onto their official devices, subject to the agency's discretion and consistent with all applicable workplace policies.