The Department of Justice's Office of Legal Counsel issued a significant ruling on July 16, 2026, allowing the use of TikTok on federal government devices. This decision comes after the establishment of the TikTok U.S. Data Security (USDS) Joint Venture, which operates independently from its parent company, ByteDance. The ruling affects federal employees who can now use TikTok on their devices, provided their agencies allow it.
The ruling addresses concerns about national security that previously led to the prohibition of TikTok on government devices. The No TikTok on Government Devices Act, enacted in December 2022, aimed to prevent federal employees from using applications developed by ByteDance, a Chinese company. This ruling marks a significant shift in the federal government's stance on the popular social media platform.
Background
The TikTok USDS Joint Venture was created as part of a qualified divestiture plan approved by President Trump in September 2025. This plan aimed to alleviate national security concerns while allowing American users to continue using TikTok. The joint venture is majority-owned by American investors and operates independently from ByteDance, which retains a minority stake of less than 20 percent.
The initial concerns about TikTok stemmed from fears that the Chinese government could access U.S. user data through ByteDance's ownership. As a result, the federal government took several steps to restrict TikTok's use on government devices. The No TikTok on Government Devices Act was one of the most significant measures taken to address these security concerns.
The Ruling
The court ruled that the version of TikTok operated by the TikTok USDS Joint Venture does not fall under the prohibition set by the No TikTok on Government Devices Act. The opinion states, "The version of TikTok operated by the TikTok U.S. Data Security Joint Venture does not fall within this prohibition because the Joint Venture functions independently of ByteDance, is majority-owned by American investors, and has revised the content-recommendation algorithm and cybersecurity program originally developed by ByteDance." This ruling was made by the Office of Legal Counsel, which provides legal advice to the President and other executive branch officials.
The court emphasized that TikTok USDS operates as an independent entity, separate from ByteDance. The opinion further clarified that the joint venture has implemented significant changes to its operations, including revising its content recommendation algorithm and cybersecurity measures to protect sensitive data.
Impact
This ruling has immediate implications for federal employees, allowing them to use TikTok USDS on their government devices. However, the decision does not mandate that all agencies allow TikTok on their devices. Each agency retains the discretion to determine its policies regarding the use of TikTok, considering factors such as employee productivity and workplace policies.
The ruling also sets a precedent for how the federal government may approach foreign-owned applications in the future. By allowing TikTok USDS, the government acknowledges that a qualified divestiture can mitigate national security concerns associated with foreign ownership. This could pave the way for other foreign applications to operate in the U.S. under similar conditions, provided they meet the necessary security standards.
What's Next
While the ruling allows TikTok USDS on government devices, agencies may still choose to ban its use for various reasons. The decision can be appealed, but details were not available in the court filing. There are no related cases pending at this time.