North Dakota Executive Order 2026-06: Rescinding the TikTok Ban

NCRTH Dokoto Office of the Governor Be Legendory.'"

EXECUTTVE ORDER 2026-06

WHEREAS, Executive Order 2022-10 was issued on December 13, 2022, prohibiting executive branch agencies and state employees from downloading, accessing, or utilizing the social media platform TikTok on state-owned equipment and state networks; and,

WHEREAS, the initial restriction was instituted based on cybersecurity risk assessments and potential data privacy vulnerabilities identified at the time; and,

WHEREAS, on September 25,2025, the President signed an Executive Order approving a proposed divestiture of TikTok's U.S. operations to a new joint venture majority-owned by American investors, which transaction closed on January 22,2026; and,

WHEREAS, on July 16, 2026, the U.S. Department of Justice's Office of Legal Counsel issued a formal opinion concluding the restructured application, now operated by the TikTok U.S. Data Security Joint Venture, no longer falls within the scope of the federal No TikTok on Government Devices Act, thereby permitting federal executive branch employees to use the application on government-issued devices at each agency's discretion; and,

WHEREAS, updated risk evaluations conducted in coordination with North Dakota lnformation Technology (NDIT) have determined that the application, now operated by the TikTok U.S. Data Security Joint Venture and majority-owned by American and allied investors, with the application's algorithm, U.S. user data, and content moderation systems subject to independent security oversight and data storage within the United States, no longer presents an unmitigated or unique cybersecurity threat to state operations, distinct from risks generally applicable to other commercial applications; and,

WHEREAS, rescinding Executive Order 2022-10 will streamline state communications policies and public outreach while maintaining overall network security under existing defense frameworks; and,

WHEREAS, the restrictions imposed by Executive Order 2022-10 are no longer necessary to protect the cybersecurity interests of the executive branch.

NOW THEREFORE, Kelly Armstrong, as Governor of North Dakota, by the authority vested in Article V, Section 1 of the North Dakota Constitution, hereby orders:

Eost Boulevord Avenue I Bismorck, ND 58505-0001 | 701.328.22OO I governor.ND.gov 1. Executive Order 2022-10, issued on December 13, 2O22,is hereby rescinded in its entirety 2. Executive branch agencies shall update their internal device-use policies to align with standard state lT governance rules, removing any specific prohibitions originating solely from Executive Order 2022-10. 3. NDIT shall continue to monitor and enforce general cybersecurity controls across all state-owned devices and networks to ensure the security and privacy of state data. 4. This Executive Order does not limit the authority of the Office of Management and Budget, NDIT, or any executive branch agency to implement or enforce reasonable cybersecurity measures governing the use of state-owned devices, networks, applications, or information systems, consistent with applicable law and statewide information technology policies. 5. This Executive Order is effective immediately.

This order is issued under Article V, Section 1 of the North Dakota Constitution

Executed at Bismarck, North Dakota, this EI(", of August, 2026

Kelly n9 G or

Attest:

Michael Howe Secretary of State