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by jocro 2097 days ago
Salient points here:

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

1. 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.;

2. 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:

1. Any provision of internet hosting services enabling the functioning or optimization of the mobile application in the U.S.;

2. Any provision of content delivery network services enabling the functioning or optimization of the mobile application in the U.S.;

3. Any provision directly contracted or arranged internet transit or peering services enabling the function or optimization of the mobile application within the U.S.;

4.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.

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That last piece especially is quite concerning, and seems like a clear overreach of federal authority, no? Don't know that I've ever seen execution of software alone as an enforceable offense, and as written it seems to outlaw even opening up the app if you previously have it downloaded.

6 comments

>> 2. Any provision of content delivery network services enabling the functioning or optimization of the mobile application in the U.S.;

That's the big one. That would suggest blocking by ISPs, something that is technically not easy and legally troubling. Do ISPs now have to block the activities of Chinese phones traveling to the US? That will take effort.

I would not interpret this as ISP blocking, just no peering or CDN services by U.S. companies/servers.
They’ll just use edge locations in Canada
Canada and the US are pretty integrated. Do US ISPs need to block WeChat traffic that is transiting the US, say coming from China to a user standing in Canada or the UK? That sort of blocking could have serious impacts beyond wechat/tiktok.
I'm curious how that last part is possibly enforced.
It seems at least as enforceable as GPL terms.
So not at all?
Apple reviews apps anyway, so that last bit could be enforced at the review stage.

Android? You're right. I'm not seeing how they enforce that? Of course, one obvious solution is to force all the app stores to have some sort of review process that verifies all of the apps are functioning in a manner consistent with, um, "US government policy". Just depends on how far the guys in the Trump administration want to go.

>1. 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.;

Does that mean the two apps are essentially banned from iOS?

Yes.
Does this affect users outside the US?
A U.S. government department taking actions on behalf of the U.S. government for the U.S. population. What do you think?
I think it's not clear if Google or Apple can keep distributing WeChat and TikTok outside the US.
Could any of these items be used to prosecute VPN providers?
How could we have an effective federal government if the execution of code is somehow exempt from their oversight? That would be a giant loophole.

Also, pretty certain the execution of a worm or other malicious software is likewise illegal, whether it be by the execution or the result.

This is analogous to saying it would be impossible to have an effective federal government if what people say is somehow exempt from their oversight. That would be a giant loophole.

Which, true, is in fact an argument often made.

Software execution itself is not the issue. Criminal intent is the issue.