Concerning a potential WeChat ban in the US, pursuant to President Donald Trump's Executive Order, the US Department of Justice said that it is not intending to criminalize or penalize users who are simply downloading and using WeChat for personal and business communications.

The EO can potentially ban "transactions" with WeChat, the multi-purpose app, and its Chinese parent company Tencent, in 45 days, with the specifics being looked into by the Commerce Department and the finalized plan enforced by the DoJ. 

One big question mark was on the definition of "transactions". Legal experts have been saying that simply using the app could be treated as one, meaning WeChat could be banned outright in the US. These experts referred to the EO's mentioning of Executive Order 13873 of last year, which defined transaction as "acquisition, importation, transfer, installation, dealing in, or use of any information and communications technology or service."

On September 16, four days ahead of the original 45-day deadline, and one day ahead of a scheduled hearing on the ban, Acting Assistant Attorney General Jeffery B. Clark sent a letter to "US WeChat Users Alliance", a non-profit that sued Trump regarding the ban, offering a much needed clarification, and assuring the plaintiffs that at present, user activity involving WeChat is not prohibited. 

Acting Asst. AG Clark noted that while the situation is still being studied by the Commerce Department, it is not the DoJ's intention to impose criminal or civil liability on the users for using WeChat.

"While the Department of Commerce continues to review a range of transactions, including those that could directly or indirectly impact use of the WeChat app, we can provide assurances that the Secretary does not intend to take actions that would target persons or groups whose only connection with WeChat is their use or downloading of the app to convey personal or business information between users."

WeChat Users Alliance alleged that Trump's August 6 EO violated many provisions of the Constitution and the Administrative Procedure Act, and are petitioning the court to issue temporary restraining order preventing the enforcement of the EO, and possibly declare the EO invalid.

In a post commenting on the DoJ letter, the non-profit claimed that this is a major victory. "It shows that the US government is admitting under our pressure that the original Executive Order to block WeChat did not have sufficient legal support."

Clay Zhu, Managing Partner at DeHeng Law Offices' Silicon Valley office and one of the leading member of the non-profit, told PingWest prior not long after the August 6 EO, that breaching or circumventing the ban could carry a fine of up to $300,000 as well as significant jail time, which worried a lot of WeChat users in the States.

The group, spearheaded by attorneys themselves and relying on donations from WeChat users across the US to hire trial attorneys, said that this DoJ letter is not an official document and not notarized by a judge, hence its legal validity should not be overestimated.

"what's more important is that the ambiguity and lack of constitutional procedure of the EO is yet to be corrected," said Cao Ying, a lawyer of the group who had been very outspoken regarding the ban. She said that the plaintiffs and the defendant had been communicating back and forth, but a potential settlement is yet to be reachable.

A hearing on the case before a Magistrate Judge is scheduled on September 17.