Russian media: US court maintains the ruling that wechat can be downloaded from App Store

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 Russian media: US court maintains the ruling that wechat can be downloaded from App Store


Extended reading:

Wechat reversal! It is a hard won historic victory for Chinese Americans

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This past weekend was probably the most dramatic weekend in recent times.

2020 is really a witness to history.

The latest scene, wake up, wechat (wechat International Version) in the U.S. fate reversed, no longer off the shelf, no longer unable to pay, everything continues as usual!

It is not the US governments kindness, but the strong intervention of judges.

A series of details, very interesting.

1. According to the order of the U.S. government, from September 20, that is, from Sunday, two software products from China, wechat and tiktok, can no longer be downloaded or updated, and wechat cannot be paid or transferred.

2. Tiktoks wechat has about 19 million users in the United States, which obviously poses a great problem to them. The American wechat Users Association, a Chinese American organization, immediately appealed, saying that the US governments administrative order seriously violated their constitutional powers.

3. On September 19, at an emergency hearing held by California district judge laurel Beeler for the wechat injunction, the U.S. wechat lawyers team and the U.S. Department of justice had a fierce confrontation for more than an hour.

4. Later, judge Biler ruled that the ban on wechat was stopped because wechat is a virtual public square for Chinese speaking communities and Chinese communities in the United States, and it is also their only meaningful way of communication (as a practical issue). The prohibition of wechat would deprive their communities of meaningful communication channels, thus restricting their right to freedom of speech in advance Use it.

5. As for the so-called national security advocated by the U.S. government, judge Biler pointed out that the governments national security interests are very important, but from this point of view, there is little evidence that the US governments wechat ban on all US users has effectively addressed these concerns.

6. The U.S. Department of justice once asked judge Biler not to intervene, believing that such a suspension would damage the presidents authority and measures to deal with national security. But in the end, the judge remained unmoved and issued a stop order.

8. Whats next? It is likely that the U.S. government will file an appeal, which means that the case will be filed with the federal Ninth Circuit Court.

9. However, the US media quoted Carl Tobias, a law professor at the University of Richmond, for the simple reason that even in the Ninth Circuit Court, this ruling may continue to be valid for the simple reasons: 1. Judge Biler is very cautious because it is really related to the first amendment to the constitution; 2. You have to provide evidence for all kinds of government charges.

Of course, what cant happen in America? After all, it is not difficult for the US government to change its name. Or, the case goes all the way to the Supreme Court. From this point of view, it really matters who the Supreme Court justice is.

Of course, it was not just wechat, another tiktok that was banned at the same time. At first, trump put all kinds of critical pressure on him, but he suddenly blessed in the end.

Military affairs sometimes seem like a joke.

2020 is really extraordinary.

What do you think?

I dont want to say more.

First, people are doing it, and the sky is watching. Isnt it?

The U.S. government has made a lot of hype, but the judge can see clearly that the real can not be fake, and the fake can not be true. Is this political trick interesting? Its no wonder that Wang Wenbin, a spokesman for the foreign ministry, feels that he really does not want to say more, and once again urges the US side to respect the principle of market economy and fair competition To provide an open, fair, just and non discriminatory business environment for foreign enterprises to invest and operate in the United States. .

In the United States, the business environment is very important.

Weiwei will come forward to the reversal of wechat, which is very critical. The organization is also very proud, saying: the successful suspension of the presidential decree is a hard won historic victory for Chinese in the United States.. Indeed, will the US government care if it is always submissive? In court, the U.S. government must weigh it.

Tencent should thank these loyal users.

Third, surely, the drama is still behind.

I dont want to say more about this. It is not once or twice that the U.S. government has been manipulated by God and then beaten in the face by a judge. Of course, the court is the court of the United States after all, and can politicians without a bottom line really abide by the judges ruling?

Extended reading

Us judge stops wechats removal order, Chinese user organization: a historic victory

Earlier in the day, a U.S. judge blocked an order from the U.S. Department of Commerce to remove wechat from the app store on Sunday, Reuters reported.

Laurel Beeler, a California district judge, said in an order that wechat users who filed the lawsuit seriously questioned the value of the first amendment [to the U.S. Constitution] and, after a two-way trade-off, tended to support the plaintiffs.

Bilers initial ban also blocked previous orders by the U.S. Department of Commerce to prohibit wechat from providing services such as transferring funds or processing payments in the United States. The commerce department did not immediately comment.

The wechat User Association of the United States (hereinafter referred to as the US wechat User Association) told observer.com that the successful suspension of the presidential decree is a hard won historic victory for Chinese in the United States..

Reuters: US judge suspends wechat order

At that time, the American micro Federation held that the compromise was only a unilateral commitment, not signed by the president or the Minister of Commerce, nor recognized by the judge, so it had no legal effect. And the words in it leave a lot of space for the U.S. government. For example, although the statement states that ordinary wechat users will not be punished if they continue to use it, it does not indicate whether the U.S. government will force Google or apple store to remove the app in the future, nor does it make a clear definition of whether wechats payment and other functions violate administrative orders.

After the first hearing on the 17th and the second emergency hearing on the 18th, the Chinese organization again met with the US Department of justice on the 19th local time.

The US wechat Association pointed out that on September 19, the law team of the US wechat Association and the US Department of justice had a fierce confrontation for more than an hour at the emergency hearing held by federal court judge laurel Biler for the wechat ban. At the end of the hearing, the judge formally issued a pre liminary injury to stop a series of administrative orders of the US government banning wechat based on the federal presidential decree and the implementation rules of the Ministry of Commerce.

The judge ruled that the presidential decree of August 6 and the implementation rules of the Ministry of Commerce on September 18 actually resulted in the total ban on wechat in the United States, which was obviously suspected of violating the plaintiffs fundamental rights such as the first amendment to the US Constitution, the equal rights clause and the procedural justice clause, while the evidence provided by the US Department of justice for the so-called threat posed by wechat to national security is obviously insufficient In addition, there are only two days from the promulgation to the entry into force of the detailed rules, which has caused imminent and irreparable harm to American users.

The US wechat Association pointed out that this success has won protection for wechat users in the United States from the presidential decree and the wechat ban that the Ministry of Commerce originally scheduled to implement on September 20. At present, all wechat users in the United States can continue to use wechat normally. The app store can continue to release wechat applications and updates. Other telecom operators can also continue to provide services for wechat applications.

The lawyer group of the American micro Association speculates that the US government is likely to appeal to the Ninth Circuit Court of the United States immediately because it refuses to accept the judgment. In order to continuously safeguard the constitutional rights and interests of Chinese in the United States, wechat will actively respond to lawsuits in the future, safeguard and expand the achievements of victory.

According to the American micro Federation, the successful suspension of the presidential decree is a hard won historic victory for Chinese in the United States..

Finally, the presidential decree to ban wechat is actually aimed at Chinese in the United States. However, the history of Chinese immigrants to the United States is relatively short, the proportion of the population is small, and due to the uneven educational level and other reasons, they are still lack of experience in mobilizing and organizing large-scale social movements.

In view of this, the US wechat association has been able to spontaneously form an organization and mobilize nationwide public support, including fund-raising, recruitment of volunteers, search for expert witnesses, and employment of top-level professional lawyers to initiate litigation and challenge the US presidential decree, which makes it even more difficult for this campaign to be successful.

(function(){( window.slotbydup=window .slotbydup||[]).push({id:u5811557,container:ssp_ 5811557, async:true }The U.S. court rejected the request to prohibit downloading wechat_ NBJ11143

US court rejects request to ban download of wechat