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Commerce Department to stop WeChat and TikTok transactions starting Sunday

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In response to President Trump’s Executive Orders signed August 6, 2020, the Department of Commerce today announced prohibitions on transactions relating to apps WeChat and TikTok.

According to a statement by U.S. Department of Commerce Secretary Wilbur Ross, the move to ban the apps is to safeguard the national security of the United States. The statement went on to say that the Chinese Communist Party has demonstrated the means and motives to use these apps to threaten the national security, foreign policy, and the economy of the U.S. Today’s announced prohibitions, when combined, protect users in the U.S. by eliminating access to these applications and significantly reducing their functionality.

“Today’s actions prove once again that President Trump will do everything in his power to guarantee our national security and protect Americans from the threats of the Chinese Communist Party,” said Ross. “At the President’s direction, we have taken significant action to combat China’s malicious collection of American citizens’ personal data, while promoting our national values, democratic rules-based norms, and aggressive enforcement of U.S. laws and regulations.”

Ross stated that while the threats posed by WeChat and TikTok are not identical, they are similar. Each collects vast swaths of data from users, including network activity, location data, and browsing and search histories.

As of September 20, 2020, the following transactions are prohibited:

-Any provision of service to distribute or maintain the WeChat or TikTok mobile applications, constituent code, or application updates through an online mobile application store in the U.S.;
-Any provision of services through the WeChat mobile application for the purpose of transferring funds or processing payments within the U.S.

As of September 20, 2020, for WeChat and as of November 12, 2020, for TikTok, the following transactions are prohibited:

-Any provision of internet hosting services enabling the functioning or optimization of the mobile application in the U.S.;
-Any provision of content delivery network services enabling the functioning or optimization of the mobile application in the U.S.;
-Any provision directly contracted or arranged internet transit or peering services enabling the function or optimization of the mobile application within the U.S.;
-Any utilization of the mobile application’s constituent code, functions, or services in the functioning of software or services developed and/or accessible within the U.S.

Ross stated that any other prohibitive transaction relating to WeChat or TikTok may be identified at a future date. Should the U.S. Government determine that WeChat’s or TikTok’s illicit behavior is being replicated by another app somehow outside the scope of these executive orders, the President could consider additional orders. The President has provided until November 12 for the national security concerns posed by TikTok to be resolved. If they are, the prohibitions in this order may be lifted.

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