4 ms·
I am going to ignore value judgment over whether it is fair, or whether it even makes sense and am going to jump straight to enforcement framework and EO interp
by A4ET8a8uTh0 6y ago
I am going to ignore value judgment over whether it is fair, or whether it even makes sense and am going to jump straight to enforcement framework and EO interpretation.
EO appears to single out two entities WeChat ( Tencent subsidiary ) and TikTok ( ByteDance subsidiary ). EO appears to indicate that the restrictions will be governed by sanctions framework.
Tencent owns a fair amount of gaming outfits so based on ownership, for example, Grinding Gears could be affected since Tencent owns 80% stake there. Gears seems to interpret the order in an optimistic way leaning heavily on phrase 'any transaction that is related to WeChat', but ignores 'with Tencent Holdings Ltd.' and how it is likely going to be interpreted by the banking. In short, Tencent interpretation right now is 'it applies only if it only blocks transactions related to WeChat.'
I personally have less generous read, but if a lawyer could actually weigh in, that would work:P
Original text:
Section 1. (a) The following actions shall be prohibited beginning 45 days after the date of this order, to the extent permitted under applicable law: any transaction that is related to WeChat by any person, or with respect to any property, subject to the jurisdiction of the United States, with Tencent Holdings Ltd. (a.k.a. Téngxùn Kònggǔ Yǒuxiàn Gōngsī), Shenzhen, China, or any subsidiary of that entity, as identified by the Secretary of Commerce (Secretary) under section 1(c) of this order.[1]
[1]https://www.whitehouse.gov/presidential-actions/executive-order-addressing-threat-posed-wechat/ https://www.whitehouse.gov/presidential-actions/executive-or...
Diclaimer:
I am not a lawyer yo. Don't be an idiot.
- pbhjpbhj 6y agoThis joke was good: > In addition, the application captures the personal and proprietary information of Chinese nationals visiting the United States, thereby allowing the Chinese Communist Party a mechanism for keeping tabs on Chinese citizens who may be enjoying the benefits of a free society for the first time in their lives. // Because only a fascissistic dictatorial government would be shooting on it's own citizens, eh. Who is using TikTok for something that's got any business or political sensitivity? I'm surprised Trump doesn't just admit 'China is beating us on internet platforms, we're not going to let them win financially'. He could present it as 'leveling the playing field'. That sort of overtly authoritarian dictatorial xenophobic fascism seems to be lapped up by the USA public at the moment? Or does anyone want to defend that some video of me dancing to music is somehow critical to keep private?? I can see there's a side effect of the USA administration not wanting any apps they don't have a backdoor to being used in USA. They don't say which companies will be subject to the order, really open and free (presumably to allow maximum market manipulation [fluctuation on the speculated actions, then controlled movement according to which companies the order covers] and a month and a half to get relevant bribes). Tl;dr depends if Grinding Gears pays Trump enough campaign funding I'd guess.