Yesterday, Trump issued two administrative orders in a row:
Article 45: It is forbidden for American companies or individuals to trade with ByteDance after XNUMX days.
Article XNUMX: The content of the administrative order for WeChat is almost the same as the previous one.
Last night, the QR code of Line and the link of Telegram floated in the circle of friends, as if 45 days later, we are really going to say goodbye to WeChat.
But according to the detailed rules of the administrative order, the actual content is not so.Rather than worry about WeChat being banned, the US government's regulation has a greater impact on our lives.
Let's take a look at the contents of the executive order first...
Interpret the content of administrative orders
At the beginning of the two administrative orders, it is said that in consideration of protecting the information security of the US state and people, it is necessary to take measures against some applications in China that threaten information security. This part is basically a reflection of yesterday 【Secretary of StatePompioclean networkAction statement] Echoes.
It's the familiar "protect our country" again
The first and most important article in the main text stipulates the object and scope of the order.
The content is as follows:
"From 45 days after the issuance of this order, to the extent permitted by applicable laws, the following actions shall be prohibited: as stated by the Department of Commerce in accordance with this order 1(c), by any individual, or subject to US law in terms of property The subject of jurisdiction has WeChat-related transactions with Tencent Holdings in Shenzhen, China, or any subsidiary of this entity."
Two commands for WeChat and TikTok
Next, the text also explains that any contract or agreement reached before the order is not within the scope of supervision of the order.
Restricted objects: including U.S. citizens, permanent residents andAnyone in America, U.S. companies (including American branches of overseas companies).
among themThe key word is Transaction, There is no clear definition of transaction here, but two situations may be referred to in this administrative order:
1. According to CNN’s report,Financial transaction, then refers to "the company or individual uses WeChat for transaction", which only affects the WeChat payment part, and does not affect WeChat communication;That is, we use WeChat chat voice to not be affected.
2. In a broad sensetransaction, Refers to "American companies or individuals have a transaction with WeChat", it may be the result of app store delisting. But this is just that new users cannot download, alsoDoes not affect the use of existing WeChat users.
Will not be banned, but will strengthen supervision
This is not the first time Trump has issued administrative orders against Chinese companies or products, but he has notno powerThrough administrative ordersDirect banA commercial software. This will inevitably lead the company to initiate a lawsuit. This point can be proved from the fact that the order did not directly target Tencent, but only proposed WeChat, a business under Tencent.
Regarding the administrative order, the how video asked lawyer Huang Xiaosheng to conduct a relatively detailed interpretation.
Lawyer Huang pointed out that this administrative order is more forMaster the initiative of supervision. Instead of saying that Trump’s purpose is to ban WeChat, it is better to say that he wants to strengthen the understanding of WeChat and even more Chinese applications in the future.Information supervision right.
1. Once the U.S. government has stronger information oversight over WeChat, it will be defined as if it exists in WeChat in the futureSpread misinformation,orDisrupt the U.S. electionAnd other behaviors, it is likely to beSanctions by relevant laws.
2. If we can still use WeChat in the futureRed envelope, transfer, Then you need to pay attention to WeChat transaction transfer is likely toTax filing legally.
If WeChat can continue to be used, these two points should really be paid attention to by Chinese Americans ⚠️
latest news,ByteDance issued a statement: If the US government cannot treat it fairly, we will resort to US courts.
Use the laws made by the United States to fight back against the United States, support!
Reference:
https://www.whitehouse.gov/presidential-actions/executive-order-addressing-threat-posed-tiktok/
https://www.whitehouse.gov/presidential-actions/executive-order-addressing-threat-posed-wechat/
Written | Xiao Ba
Edit | Explosion
