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特朗普签署限制字节跳动和微信的行政命令

作者:乔桥   来源:中美印象   字体放大  字体缩小
《美中关系快报》第64期
  昨天,美国国务卿蓬佩奥宣布了所谓对中国的“五清”政策,即所谓“清商-carrier、清店-store、清app、清云-cloud和清缆-cable"。
  在微信上看到的消息如下:美国国务院针对中国网络通信公司宣布新的五项“干净网络”(Clean Net)措施:
  1、取消中国通信等在美国的营业执照
  2、美国国内禁止中国apps
  3、禁止中国手机预装美国受欢迎的apps
  4、禁止中国公司提供云服务
  5、禁止中国公司竞标海底电缆
  今天傍晚,特朗普总统签署了行政命令,禁止美国任何公司和个人在9月15日之后与抖音和微信有任何交易。
  特朗普引用了理由是这两家公司的运营对美国的国家安全构成了威胁。特朗普在“封禁”微信的行政命令里说,微信不仅为中国政府收集信息,还限制freedom of speech,搞新闻检查,还可能协助中国政府搞虚假信息传播。
  特朗普的命令还说,45天后美国商务部将对“交易”做出明确定义。
  《华盛顿邮报》报道说,特朗普签署限制抖音的行政命令不过是为了加快字节跳动尽快出手TikTok在美国的营运。特朗普还说,交易之后,字节跳动所得现金应该上缴美国国库。因为如果没有美国政府的允许,它什么也得不到。
      微信在美国的手机和电脑上还能不能运行目前还不清楚。如果仅仅把微信是从苹果和谷歌手机店里下架,那并不影响手机上已经有微信软件的用户。但如果手机的营运商是美国公司,那算不算与腾讯有交易?这些细节还有待美国商务部澄清。但是,腾讯自己为了从法律上保护自己,也许会主动会关闭在美国使用微信的的客户的服务。腾讯在印度就是这样做的。【以下是一位微友的提醒:我想提醒一下微信下架对大家的影响。可能有人认为还能继续用,或者在app store选一下中国,还能继续下载。我想说,同学们,这是wishful thinking。印度微信下架后,腾讯为了避免可能的法律诉讼,主动终止了对印度客户的服务。如果微信在美国下架,腾讯也极有可能这么做。https://entrackr.com/2020/07/wechat-officially-blocks-indian-users-from-sending-or-receiving-messages/】
  当时,中国外交部发言人汪文斌反击称,一段时间以来,美方在拿不出任何证据的情况下,泛化国家安全概念,滥用国家力量,无理打压特定的非美国企业,这违背市场经济原则,也违反世贸组织开放、透明、非歧视原则,是赤裸裸的霸凌行径,中方对此坚决反对。我们注意到,美国国内和国际社会对此也有很多批评和质疑的声音。美方把所谓的国家安全作为打压有关企业的理由,这根本站不住脚,不过是为自己寻找借口而已。
  此外,当地时间8月5日,美国国务卿蓬佩奥重提美国所谓“清洁5G网络计划”,并一如既往渲染中国威胁。蓬佩奥还声称,正加紧努力从美国数字网络中下架“不可信”的中国应用。对此,中国外交部发言人汪文斌6日回应称,蓬佩奥等美国政客一再以维护国家安全为借口,滥用国家力量打压遏制中国高科技企业,中方对此坚决反对。美方有关做法根本没有任何事实依据,完全是恶意抹黑和政治操弄,其实质是要维护自身的高科技垄断地位,完全违背市场原则和国际经贸原则,严重威胁全球产业链供应链安全,是典型的霸道行径。“美国自身满身污迹,却大谈什么‘清洁网络’,这纯属荒谬可笑。”
  
Executive Order on Addressing the Threat Posed by WeChat
  INFRASTRUCTURE & TECHNOLOGY
  Issued on: August 6, 2020
  By the authority vested in me as President by the Constitution and the laws of the United States of America, including the International Emergency Economic Powers Act (50 U.S.C. 1701 et seq.) (IEEPA), the National Emergencies Act (50 U.S.C. 1601 et seq.), and section 301 of title 3, United States Code,
  I, DONALD J. TRUMP, President of the United States of America, find that additional steps must be taken to deal with the national emergency with respect to the information and communications technology and services supply chain declared in Executive Order 13873 of May 15, 2019 (Securing the Information and Communications Technology and Services Supply Chain).  As I explained in an Executive Order of August 6, 2020 (Addressing the Threat Posed by Tiktok, and Taking Additional Steps to Address the National Emergency With Respect to the Information and Communications Technology and Services Supply Chain), the spread in the United States of mobile applications developed and owned by companies in the People's Republic of China (China) continues to threaten the national security, foreign policy, and economy of the United States.  To protect our Nation, I took action to address the threat posed by one mobile application, TikTok.  Further action is needed to address a similar threat posed by another mobile application, WeChat.
  WeChat, a messaging, social media, and electronic payment application owned by the Chinese company Tencent Holdings Ltd., reportedly has over one billion users worldwide, including users in the United States.  Like TikTok, WeChat automatically captures vast swaths of information from its users.  This data collection threatens to allow the Chinese Communist Party access to Americans' personal and proprietary information.  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.  For example, in March 2019, a researcher reportedly discovered a Chinese database containing billions of WeChat messages sent from users in not only China but also the United States, Taiwan, South Korea, and Australia.  WeChat, like TikTok, also reportedly censors content that the Chinese Communist Party deems politically sensitive and may also be used for disinformation campaigns that benefit the Chinese Communist Party.  These risks have led other countries, including Australia and India, to begin restricting or banning the use of WeChat.  The United States must take aggressive action against the owner of WeChat to protect our national security.
  Accordingly, I hereby order:
  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.
  (b) The prohibition in subsection (a) of this section applies except to the extent provided by statutes, or in regulations, orders, directives, or licenses that may be issued pursuant to this order, and notwithstanding any contract entered into or any license or permit granted before the date of this order.
  (c) 45 days after the date of this order, the Secretary shall identify the transactions subject to subsection (a) of this section.
  Sec. 2. (a) Any transaction by a United States person or within the United States that evades or avoids, has the purpose of evading or avoiding, causes a violation of, or attempts to violate the prohibition set forth in this order is prohibited.
  (b) Any conspiracy formed to violate any of the prohibitions set forth in this order is prohibited.
  Sec. 3. For those persons who might have a constitutional presence in the United States, I find that because of the ability to transfer funds or other assets instantaneously, prior notice to such persons of measures to be taken pursuant to section 1 of this order would render those measures ineffectual.  I therefore determine that for these measures to be effective in addressing the national emergency declared in Executive Order 13873, there need be no prior notice of an identification made pursuant to section 1(c) of this order.
  Sec. 4. For the purposes of this order:
  (a) the term "person" means an individual or entity;
  (b) the term "entity" means a government or instrumentality of such government, partnership, association, trust, joint venture, corporation, group, subgroup, or other organization, including an international organization; and
  (c) the term "United States person" means any United States citizen, permanent resident alien, entity organized under the laws of the United States or any jurisdiction within the United States (including foreign branches), or any person in the United States.
  Sec. 5. The Secretary is hereby authorized to take such actions, including adopting rules and regulations, and to employ all powers granted to me by IEEPA as may be necessary to implement this order.  The Secretary may, consistent with applicable law, redelegate any of these functions within the Department of Commerce.  All departments and agencies of the United States shall take all appropriate measures within their authority to implement this order.
  Sec. 6. General Provisions.  (a) Nothing in this order shall be construed to impair or otherwise affect:
  (i)  the authority granted by law to an executive department, agency, or the head thereof; or
  (ii) the functions of the Director of the Office of Management and Budget relating to budgetary, administrative, or legislative proposals.
  (b) This order shall be implemented consistent with applicable law and subject to the availability of appropriations.
  (c) This order is not intended to, and does not, create any right or benefit, substantive or procedural, enforceable at law or in equity by any party against the United States, its departments, agencies, or entities, its officers, employees, or agents, or any other person.
  DONALD J. TRUMP
  THE WHITE HOUSE,
  August 6, 2020.
Washington Post:Trump issues executive orders against Chinese firms, citing national security concerns
  Rachel Lerman
  August 6, 2020 at 10:25 p.m. EDT
  Add to list
  President Donald Trump issued two executive orders late Thursday against Chinese-owned TikTok and messaging app WeChat, citing national security concerns.
  The orders take effect in 45 days and prohibits any U.S. company or person from transacting with ByteDance, TikTok's Chinese parent company or WeChat. That may mean the companies would not be able to appear on Apple's App Store or Google's Play Store in the U.S. It also might mean it would be illegal for U.S. companies to purchase advertising on TikTok.
  The executive order leaves it unclear what specific transactions would be banned.
  The orders signal increasing tensions in U.S.-Beijing relations in the run-up to the November elections. Trump had earlier threatened to ban TikTok from the U.S., citing national security concerns and also suggesting it would be retaliation for what he sees as China's role in spreading the novel coronavirus.
  Trump and other officials have expressed concern that data collected by TikTok could be shared with the Chinese government. TikTok has continually denied that and says it stores U.S. customer information in the U.S. But Trump has kept targeting the company over the past week by threatening to ban it and finally seemingly agreeing to let Microsoft buy it, if a deal closes quickly.
  Microsoft confirms it is in talks to buy TikTok after CEO talks to Trump
  "This data collection threatens to allow the Chinese Communist Party access to Americans' personal and proprietary information - potentially allowing China to track the locations of Federal employees and contractors, build dossiers of personal information for blackmail, and conduct corporate espionage," according to the TikTok order.
  TikTok spokesperson Hilary McQuaide said the company is reading the order and will have further comment soon
  On Monday, Trump told reporters at the White House that TikTok would be forced to cease U.S. operations by around Sept. 15 if it wasn't sold to a U.S. company. He also said that if a sale goes through, part of the proceeds should go to U.S. taxpayers.
  "A very substantial portion of that price is going to have to come into the treasury of the United States," Trump said of the potential TikTok sale. "The United States should be reimbursed or paid because without the United States they don't have anything." The president added: "It's a little bit like the landlord-tenant. Without a lease, the tenant has nothing. So they pay what's called key money or they pay something."
  Microsoft is in talks to buy TikTok and has also identified Sept. 15 as the deadline for talks to conclude.
  Some experts believe that Trump has signed the order to speed ByteDance into a deal.
  "The whole thing strikes me as Trump trying to put pressure on TikTok," said James Lewis, of the Center for Strategic and International Studies. "I think its a big pressure campaign to get ByteDance to move in the right direction."
发布时间:2020年08月07日 来源时间:2020年08月07日
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