US will ban WeChat and TikTok downloads on Sunday

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Judge Likely to Block Trump Ban on WeChat App
September 17, 2020 NICHOLAS IOVINO


SAN FRANCISCO (CN) — A federal judge signaled Thursday that she will likely block an executive order banning China’s most popular social media app, WeChat, in the United States because it is unconstitutionally vague and could violate Americans’ free speech rights. “I’m sympathetic to the anxiety that it creates for the people who are affected, and therein lies the vagueness concern which is really wrapped in a little bit that this is the only mode of communication for people,” U.S. Magistrate Judge Laurel Beeler said during a virtual court hearing. More than 19 million Americans use WeChat, one of the few social media apps the Chinese government allows to operate within its borders, and which enables people in the U.S. to communicate with friends and relatives in China.

Citing national security concerns, President Donald Trump signed two executive orders on Aug. 6 calling for a ban on Chinese apps WeChat and TikTok to take effect within 45 days. The directive relies on presidential authority under the International Emergency Economic Powers Act, which enables the government to seek criminal penalties of up to 20 years in prison and $1 million fines against those who violate restrictions authorized under the law. Commerce Secretary Wilbur Ross is expected to issue regulations for the social media apps by Sunday, the same the day the bans are scheduled to take effect.

Nonprofit group U.S. WeChat Users Alliance and others sued the Trump administration on Aug. 21, claiming the ban violates their constitutional rights and erodes a critical communication bridge between China and the U.S. Appearing in Judge Beeler’s virtual courtroom Thursday, lawyers for the group asked for a preliminary injunction to block Trump’s exec ive order from taking effect. “Millions will lose the ability to check in on their relatives here and in China,” the plaintiffs’ attorney Michael Bien of Rosen Bien Galvan & Grunfeld said. But a Justice Department lawyer argued that WeChat users suffered no harm that would justify a preliminary injunction because the executive order hasn’t yet taken effect.

Commerce Department rules defining what is a restricted “transaction” are expected to be announced on Sunday. “Here we have an order that has no force or effect until the Commerce secretary makes his findings,” Justice Department lawyer Michael Drezner argued. On Wednesday, the Justice Department told Beeler in a sworn statement that the Commerce Department does not plan to define the “use or downloading of the app to convey personal or business information between users” as a restricted transaction in its forthcoming regulations. The plaintiffs say that assurance falls far short of addressing significant constitutional concerns related to the executive order. Other activities, such as using the app to store or manage data, could still be deemed a prohibited transaction under the new rules, they argue.

More: https://www.courthousenews.com/judge-likely-to-block-trump-ban-on-wechat-app/