华人律师咨询 洛杉矶移民律师
公開日:2021/10/10 / 最終更新日:2021/10/10
Hello
everyone.
I am a small PP
product manager in Silicon Valley.
In this channel,
I will interpret the Internet business circles from the perspective of data and technology.
If you are interested in this topic,
please pay attention to my channel so
that you will not miss the update
this morning. When I got
up and saw the
news, the California court forced a suspension of the regulations that the
U.S. Department of Commerce announced two days ago that
required the U.S. App Store
to remove WeChat.
Affected,
but the hardware devices of mobile phones
have to be updated every two years,
so it will be sooner or later that there will be no WeChat
and what should I do if
my mobile phone is lost
or broken during this period.
In addition
to prohibiting the use of WeChat payment, it
is immediately
Although I am overseas
,
I usually use WeChat payment in a lot of scenarios. For
example, every time I make a video, I
use iFLYTEK to automatically generate
subtitles and pay through WeChat,
so I am worried about what to do. I
saw this morning. This news is
finally a stone in my heart
and I am happy
not only because as a user
I can continue to use WeChat and WeChat payment,
but also because this incident
marked a historic victory for the Chinese in the United States against the government’s inequality
regulations.
How can they be unhappy?
So please everyone here to vote for
the word “victory”
on fairness.
But as I mentioned in the title,
this is
only a temporary victory and the suspension of the executive order is only temporary.
What will happen next?
Will there be
any new policies issued by the US government in a few days?
Or find out any new reasons
to enforce WeChat delisting?
Should Tencent and the Chinese government come forward
and take countermeasures from the perspective of the company and the country
?
Today we’re going to talk about this.
Before that, let’s break
in. What is an executive order?
And the role of the administrative order
in the political system of three checks and balances in the United States
.
I have made a video before. The detailed answer
link is placed below.
Welcome everyone to look at archaeology.
First, let me use the timeline
to quickly sort out
the whole process of the incident.
On August 6th, the
Trump administration issued an executive order stating that
certain applications developed by China,
including Tik-Tok and WeChat,
threaten U.S. national security.
Therefore
, individuals or entities in the U.S. will be prohibited from doing anything
with Tencent Holdings and its subsidiaries
after 45 days. WeChat-related transactions
but did not give a specific definition of the transaction.
Two days ago, on Friday, September 18, the
U.S. Department of Commerce issued a press release stating that it will
prohibit the U.S. Upward Mobile App Store from
publishing or maintaining WeChat from September 20.
Or Tik-Tok mobile app composition code
or any service of app update
will also
prohibit any transfer or payment through WeChat.
In fact,
when the administrative order was just issued in
early August, some Chinese lawyers in the United States
spontaneously organized and registered non-profits. The
United States WeChat User Association is
abbreviated as
USWA
and
filed a complaint in the California District Federal Court on August 21, stating
that Trump’s administrative order
will restrict WeChat users from communicating and
launching activities, operating business
and other usage scenarios that
violate the U.S. Constitution. The One
Amendment prohibits the government from enacting any laws to restrict
freedom of speech,
media freedom,
and freedom of organization and assembly.
After the US WeChat Council filed a lawsuit, the
U.S. Department of Justice, acting as an attorney for the Trump administration
and the U.S. Department of Commerce,
submitted it to the court on September 16. A document
stating that
even after the prohibition on WeChat transactions takes effect, individuals or groups who
only download or use WeChat as a personal
or business communication tool
will not be subject to criminal or civil penalties.
This document can be regarded as a document.
The exemption letter for ordinary people
means that
we, 移民律师洛杉矶 as the masses, will
continue to use
WeChat without breaking the law.
The day after that, the Federal District Court for the
Northern District of California, which filed the complaint on September 17,
held the first time against this complaint. The hearing,
but the hearing only lasted for more than an hour
and there was no substantial progress.
As a court judge, Laurie Biller expressed sympathy for
the impact on WeChat users,
but in the U.S. Department of Commerce and other relevant departments,
a clear definition of the transaction was given.
Before the official ban on WeChat,
he did not know what the
specific content and policies were,
so there was no way to make a final ruling
. One day later,
when the U.S. Department of Commerce
issued a press release on September 18, announcing that it
would force WeChat to be delisted and a
federal court was held.
Two other emergency hearings were
issued and the preliminary injunction was formally issued after
the end
of the third hearing on September 19.
The implementation rules announced by the Ministry of Commerce on September 18
not only restrict transactions,
but actually The effect of the comprehensive ban on WeChat
in the United States is
suspected of violating the fundamental rights of the First Amendment
affirmative clause
procedural justice clauses,
and the U.S. Department of Justice
does not have sufficient evidence to show that
WeChat does endanger the national security of the United States.
The two short days
have caused imminent
and irreparable harm to American users,
but this is only a phased victory, and what the
US Microelectronics Association has won for us
is only the implementation plan of the US Department of Commerce
on September 20. It happened,
but what the U.S. government will do next is
unknown to us. Will we
also apply for WeChat’s backend data
and even source code like Tik-Tok in
order to investigate whether WeChat
is harmful to national security?
Will it request
that the US WeChat be temporarily removed during the investigation?
Then drag the investigation for a few years.
Throughout history, there are few successful cases of
challenging the US government’s
executive order in the name of an individual or a company.
The reason for the executive order and victory was
also because the Obama administration
did not give sufficient evidence,
but after all, it was only a business case.
The high hat Trump put on WeChat this time
is that it endangers national security and the
nature is more serious,
so it is more difficult to succeed. It’s too high
and we see
that the Micro Union that submitted the complaint
is a private organization
that has nothing to do with WeChat,
so it’s like a small private
group challenging the administrative order issued by the US government
based on national security considerations
. It
sounds almost impossible to complete.
Why doesn’t Tencent come forward personally?
First of all, Tencent may not care at all
because in fact, the income from the United States
only accounts for
less than 2% of its total revenue,
and the majority of
it comes from games. WeChat’s income is
almost negligible.
Secondly, some netizens explain that
If Tencent personally comes forward, it
will further intensify the contradiction.
At this time, 移民律师洛杉矶 there is no need to do so. Some countermeasures
can be taken at the technical level,
such as completely separating the domestic
and international versions of WeChat
in the background.
But I think
it is because it does not care about the income of the United States.
I am emboldened to jump out of the hard bar
because I am not afraid of losing anything anyway,
and there is really no need to maintain the surface peace with such a good
family and big business in China
.
After all, this time is the first rogue of the US government.
My comment
or want to see my
follow-up report on WeChat incidents.
Please follow my channel.
I am a small PP
. See you next time.
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