In two separate rulings, the judges questioned the evidence that the Chinese government was accessing the data of US users, which harmed US national security and prompted the US Department of Commerce to issue unusual orders.
U.S. District Judge Carl Nichols issued an order on Sunday evening to block the TikTok download ban that was originally scheduled to take place at 11:59 on Sunday night. He questioned the government’s evidence.
“The government has provided sufficient evidence to show that China poses a major threat to national security. Although the specific evidence of the threat posed by (TikTok) and whether the ban is the only effective way to deal with this threat, it is still not so strict,” Nico Pauls wrote in comments issued on Monday.
In the WeChat case, Judge Laurel Beeler of California wrote: “According to this record, although the government has determined that China’s activities have caused major national security concerns, it has little evidence of its The effective ban on WeChat for all American users solves these problems. Concern.”
Beeler held a hearing on October 15 at the request of the Ministry of Justice. She reconsidered the ruling and allowed the WeChat order to take effect immediately.
ByteDance, owner of TikTok, and Tencent, owner of WeChat, denied that these apps were used to spy on Americans.
Trump’s Nichols (Nichols) expects the government and TikTok to submit further legal documents before finally deciding whether to block other restrictions set on November 12.
Nichols also rejected the Department of Justice’s efforts to invoke the Espionage Act, which authorizes the sentence of life imprisonment or the death penalty for those who possess U.S. defense secrets.
Nichols wrote: “The movies, photos, artworks, and even personal information shared by American users on TikTok do not conform to the clear meaning of the Spy Act.”
© Thomson Reuters 2020
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