House Bill 3127, awaiting Gov. Tina Kotek’s signature, bans not only TikTok but also apps from several other companies based in China, including the payment platform Alipay and the messaging app WeChat. It also specifically prohibits software from the Russian antivirus and cybersecurity company Kaspersky Lab.
The bill also requires the state’s chief information officer, a gubernatorial appointee, to establish rules and processes for evaluating other software and ban those that pose a security threat. And it contains an exemption for law enforcement or regulatory agencies conducting an investigation.
TikTok parent ByteDance, Kaspersky and other firms have drawn suspicion from the FBI and the Federal Communications Commission, which have warned they could turn over sensitive information — such as personal user data, confidential business information or national security secrets — to the Chinese or Russian governments.
The companies have denied giving user data to governments. ByteDance, though, has acknowledged lapses in which employees accessed the personal data of two journalists on TikTok, saying the employees had overstepped their authority and had been fired.
The federal government nonetheless has banned TikTok on federal devices and those used by federal contractors, and both the Trump and Biden administrations publicly weighed a nationwide ban even on private devices. Such a ban would likely face a fierce First Amendment challenge.
Montana lawmakers did vote to ban the app throughout the state. ByteDance and some Montana users have sued to overturn the ban.
At least 35 states have banned TikTok on government devices, either through legislation or executive order.
Oregon’s ban passed by wide, bipartisan margins in both chambers. No one in the Oregon Senate voted against it, though several senators were absent for the vote. If signed, the law would take effect in September.
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