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重磅突发!美国法院叫停特朗普禁令,TikTok回应来了!胡锡进发声

A big surprise! The US court halted Trump's ban, and TikTok's response is here! Hu Xijin speaks out

中国基金报 ·  Sep 28, 2020 14:08

Source: China Fund Daily

Author: Amman

Trump's ban on the removal of TikTok has been stopped!

On Sept. 27, the Federal District Court for the District of Columbia suspended the implementation of the US government's executive order to remove TikTok from the US mobile app store.

△ judgment of the Federal Court of the United States District of Columbia

The ruling means that Americans can continue to use the App for now.

However, the Trump administration's executive order has not been cancelled before a full court hearing. The court will also consider in full court hearings the legality of Trump's executive order and whether TikTok poses a threat to national security as claimed by the Trump administration.

Tiktok responded: happy that the US court stopped the injunction.

According to Phoenix New Media Science and Technology, TikTok has just responded that it is pleased that the US court has suspended the injunction and will continue its dialogue with the US government.

We are pleased that the court agreed with our legal argument and issued an injunction to prevent TikTok from being removed from the shelves. We will continue to defend our rights for the benefit of our community and employees.

At the same time, we will maintain an ongoing dialogue with the United States Government in order to translate the proposal that we received preliminary approval from the President of the United States last weekend into an agreement.

U.S. Department of Commerce: abide by the ruling, but will also actively defend the president's executive order

The U.S. Department of Commerce said in a statement on its website that the government will abide by the federal judge's ruling on TikTok, but will also take further legal measures to actively defend the president's executive order.

The Commerce Department also said in a statement that the ban on the application of TikTok is fully in line with the law and promotes legitimate national security interests.

Trump asked to be removed from TikTok on September 28th.

Although the TikTok deal made a major breakthrough before Sept. 15, Trump said last Monday that if byte jumps participate in TikTok Global, then "we will not agree to this agreement." "

Meanwhile, the U.S. Department of Commerce postponed the implementation of the TikTok ban by a week to Sept. 27, Eastern time.

According to the Trump administration's previous executive order on TikTok, Apple Inc and Alphabet Inc-CL C must remove TikTok from the app store from midnight est (12:00 on Sept. 28, Beijing time), making it impossible for new US users to download the TikTok and software upgrades for US users who have already downloaded the App.

Last Thursday, TikTok filed a preliminary injunction application, asking the court to stop the Trump administration executive order. On Friday, the Trump administration asked the court to reject TikTok's preliminary injunction application in the form of non-public documents.

The court held a public hearing on the preliminary injunction application on Sunday morning, and the United States District Court suspended the executive order hours before the deadline.

The San Francisco court halted the injunction on Wechat

At a court telephone hearing, TikTok lawyer John Hall said Trump's ban violated freedom of expression and due process rights, according to foreign media reports. Hall said TikTok, which has about 100m users in the US, is a "modern version of the city square" and that shutting it down is tantamount to banning freedom of speech.

In the end, US District Court Judge Carl Nichols (Carl Nichols) of the District of Columbia ruled that TikTok's application took effect and suspended Trump's executive order. However, the Court only published the final decision, and the formal opinion of the Court was transferred only privately to the original defendant party.

A federal magistrate in San Francisco also halted the Trump administration's ban on Wechat on Sept. 20.

According to the New York Times, according to the verdict, the judge held that President Trump's decree on August 6 and the detailed rules for the implementation of the Department of Commerce issued on September 18 actually had the effect of completely banning Wechat in the United States. it obviously violates the fundamental rights of ordinary people, such as the first Amendment to the Constitution, the affirmative clause, the procedural justice clause and so on. On the other hand, the evidence provided by the US Department of Justice on the so-called threat posed by Wechat to national security is obviously insufficient, and the detailed rules have only two days from promulgation to entry into force, which has caused imminent and irreparable harm to American users.

In other words, the judge's temporary injunction protected Wechat users across the United States from the presidential decree and the Wechat ban scheduled to take effect from Sept. 20. At present, all Wechat users in the United States can continue to use Wechat normally, app stores can continue to release Wechat app and updates, and other telecom operators can continue to provide services for Wechat app.

TikTok used a similar argument in the Wechat lawsuit at the court hearing that the Trump administration violated freedom of expression.

Hu Xijin: the ultimate fate of TikTok is still worrying.

The fate of TikTok's twists and turns makes people worried about it. As soon as the ruling of the United States District Court came out, it rushed to Weibo Corp's hot search.

As of press time, the topic of # the United States Court's decision to suspend the implementation of taking TikTok off the shelves # ranked 11th.

Hu Xijin, editor-in-chief of the Global Times, said on Weibo Corp that he welcomed the ruling. I think it echoes morality and common sense and helps to restore a little reputation for the United States in the world. But the US government is in a state of madness, and it cannot be calmed down by a sedative, and the ultimate fate of tiktok is still worrying.


Expert: the United States uses the strategy of "cutting sausages"Constantly forcing Chinese enterprises to make concessions

At the regular press conference of the Chinese Ministry of Foreign Affairs on September 24, a reporter asked:TikTok's parent company, Byte Jump, has asked US judges to block enforcement of the US government's order to remove TikTok from app stores. Some Chinese media have revealed that China will not approve the agreement between TikTok and Oracle Corp. Under what circumstances will China allow the two sides to reach an agreement?

In response, Foreign Ministry spokesman Wang Wenbin said that similar questions had been answered a few days ago. Wang Wenbin reiterated that China urges the United States to respect the principles of market economy and fair competition, abide by international economic and trade rules, and provide an open, fair, fair and non-discriminatory business environment for foreign enterprises to invest and operate in the United States. China supports relevant enterprises to take up legal weapons to safeguard their legitimate rights and interests, and will continue to take all necessary measures to resolutely safeguard the legitimate rights and interests of Chinese enterprises.

According to CCTV News, Liu Chang, a senior engineer at the China Institute of Electronic Technology Standardization, said that the fundamental attempt of the US government is to take TikTok as its own, whether it is the control of the company or the core technology, and if they are lucky, they also want to take advantage of the opportunity to make a good deal of money.

Liu Chang said that from the beginning to the present, byte jump and Oracle Corp's agreement seems to have gone through three reversals, the first was media reports on Sept. 14 that they had roughly reached an agreement, when the United States had access to the source code of TikTok, had partial control of the company, and even had a majority on the board of directors, when the US government voiced its support for the agreement.

But Trump did not speak at this stage. Instead, the U.S. Department of Commerce issued a statement on its website on Sept. 18 that it would remove TikTok from the app store from Sept. 20, which is tantamount to a reversal and extreme pressure. The next day, the U.S. Department of Commerce issued a statement on its website, delaying the removal ban by a week.

According to US media reports, the reason for this may be that the 5 billion yuan invested in education funds later refuted rumors that it was the expectation of future tax contributions, and that Trump's goal of making a profit from it may have been achieved. at this time, he came out to bless this cooperation.

But then it reversed. Byte Jump and Oracle Corp made two very different statements about who controls the newly formed company. Trump came out and said that as long as China retains control of TikTok, I don't agree. This is another extreme pressure. If the pressure succeeds, his original goal will be achieved.

Liu Chang said that this is a "sausage-cutting" tactic, and the initial request made by the US government for byte jumping must be unacceptable, so he kept relaxing public opinion repeatedly and exerting extreme pressure back and forth to reduce their psychological expectations of byte beating a little bit, constantly forcing them to make concessions.

Overseas people think that the US crackdown on TikTok is contrary to globalization.

According to Xinhua News Agency on the 28th, in response to the US government's act of "hunting" TikTok and other Chinese companies under the guise of "national security", people overseas have said that the US government's move is entirely out of protectionism, runs counter to globalization and free competition, and will further push itself into isolation.

Dan Ruth, a senior lawyer in charge of Sino-US business operations and investment between the US law firm Hanyu International Law firm, believes that the US government's crackdown on TikTok will affect the attitude of foreign companies towards the US business environment.

'The U.S. government's move against TikTok and other measures will raise concerns from foreign high-tech companies who will doubt the openness of the U. S. market, 'Mr. Ruth said. If the US government continues to take such measures, it will slowly undermine the attractiveness of the US market to foreign high-tech companies.

According to Mao Xuxin, chief economist of the British National Institute of Economic and Social Research, the so-called "threat" in the United States is not based on national security, but out of protectionism. "it is well known that TikTok abides by local laws in the countries it operates in the same way as Facebook, Twitter and other US social media.The United States' crackdown is bound to reduce market competition, and the aim is to enhance the market position of the local technology giants in the United States. "

Karl Fei, a professor of international business at Aalto University in Finland, said: "TikTok users sharing short videos of their daily lives has become an important way for people to communicate. The US government's crackdown on TikTok runs counter to globalization and free competition and will further push itself into isolation.

Mikhawitkovsky, a Polish "Internet celebrity" with 790000 followers, said that he logs on to TikTok every day. "TikTok has always been secure, and none of my data has been leaked." "

Edit / charlie

The translation is provided by third-party software.


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