Prohibited Foreign Adversary Social Media

On May 2, 2023, Governor Brian Kemp signed Senate Bill 93 into law, mandating the Georgia Emergency Management and Homeland Security Agency (“GEMA/HS”) prepare and maintain a list of prohibited social media platforms directly or indirectly owned, operated, controlled, monitored, or influenced by a foreign adversary. As of July 1, 2023, Senate Bill 93 prohibits all State of Georgia employees and K-12 public school students from installing, using, or visiting any of the prohibited social media platforms on state equipment. The law requires the list of prohibited social media platforms be made available to the public through the GEMA/HS website. Due to the frequency at which social media applications are created, this list will be dynamic and should be checked regularly for updates.

In partnership with the Georgia Technology Authority (“GTA”), GEMA/HS will ensure the list of prohibited social media platforms are linked with GTA’s Security Standard, Prohibited Software & Services (SS-22-002), which can be accessed using the following link: https://gta-psg.georgia.gov/psg/prohibited-software-services-ss-22-002. This joint venture should facilitate awareness of the platforms owned, operated, controlled, monitored, or influenced by foreign adversaries and enhance statewide compliance.

Exemptions:

Senate Bill 93 authorizes a state employee to install, use, or visit a social media platform that is otherwise prohibited on state equipment for the limited reasons listed below:

1. Law enforcement purposes;

2. Cybersecurity research and development; or

3. Judicial or legislative proceedings.
    

Although Senate Bill 93 provides exemptions for state employees in limited circumstances,  GEMA/HS cautions state agencies to carefully consider the need to use such platforms. Exemptions will be granted only when absolutely required. For instructions on how to apply for an exemption please visit the following website: https://gta-psg.georgia.gov/psg/prohibited-software-services-ss-22-002.

Any state agency granted an exemption should ensure proper controls are in place to protect the integrity of that state agency’s system, as well as the State of Georgia’s systems. State agencies shall place limits on the specific state employees permitted to invoke their agency’s exemption.

Please note that only state employees are eligible for exemptions. Students in K-12 public school are not eligible for exemptions and therefore the prohibited social media platforms are banned from state equipment used by K-12 public school students entirely.

The Banned Platforms List is a living document and will change over time. The names of the platforms currently banned on state equipment are listed in the table below.

The Banned Platforms List can be accessed directly through GEMA/HS’ website at https://gema.georgia.gov/. Please be sure to monitor the list frequently for changes.

Public Use:

The list of prohibited foreign adversary social media platforms applies only to state equipment and not to personal devices of state employees or K-12 public school students, or to the general public.

GEMA/HS encourages all Georgians to consider terminating use of these platforms as they can pose a serious threat to the security of personal data. As Senate Bill 93 explains, foreign adversaries can legally require companies under their control to share detailed personal user data (public and nonpublic) with their respective foreign governments. A foreign adversary’s access to a Georgia business or a citizen’s personal and private information poses a significant security risk to that business or citizen.

Authority: O.C.G.A. §§ 50-29-20, 50-29-21, 50-29-22.

Definitions:

1. Foreign adversary: A foreign government or foreign nongovernmental entity as listed in 15 C.F.R. 7.4(a) in effect on January 1, 2023.

2. Social media platform: An internet website or application that is open to the public, allows users to create accounts, enables users to communicate or interact with other users, permits users to create or post content, messages, information, or images that are viewable by other users, and permits users to comment on or message other users regarding such content, messages, information, or images.

3. State agency: Any agency, authority, department, institution, board, bureau, commission, committee, office, or instrumentality of the executive, legislative, or judicial branch of government of this State.

4. State employee: An officer, official, employee, or independent contractor of a state agency.

5. State equipment: Any electronic device, including any system, computer, mobile electronic device, or other technological equipment capable of internet connectivity, that is owned, leased, or otherwise controlled by a state agency and used for State of Georgia business.

6. Student: A person who is included in a full-time equivalent program count under O.C.G.A. § 20-2-160.