Case 3:20-cv-05910 Document 1 Filed 08/21/20 Page 1 of 32
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`MICHAEL W. BIEN – Cal. Bar No. 096891
`VAN SWEARINGEN – Cal. Bar No. 259809
`ALEXANDER GOURSE – Cal. Bar No. 321631
`AMY XU – Cal. Bar No. 330707
`ROSEN BIEN GALVAN & GRUNFELD LLP
`101 Mission Street, Sixth Floor
`San Francisco, California 94105-1738
`Telephone:
`(415) 433-6830
`Facsimile:
`(415) 433-7104
`Email:
`mbien@rbgg.com
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`vswearingen@rbgg.com
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`agourse@rbgg.com
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`axu@rbgg.com
`
`KELIANG (CLAY) ZHU – Cal. Bar No. 305509
`DEHENG LAW OFFICES PC
`7901 Stoneridge Drive #208
`Pleasanton, California 94588
`Telephone:
`(925) 399-5856
`Facsimile:
`(925) 397-1976
`Email:
`czhu@dehengsv.com
`
`ANGUS F. NI – Wash. Bar No. 53828*
`AFN LAW PLLC
`502 Second Avenue, Suite 1400
`Seattle, Washington 98104
`Telephone:
`(773) 543-3223
`Email:
`angus@afnlegal.com
`* Pro Hac Vice application forthcoming
`
`Attorneys for Plaintiffs
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`UNITED STATES DISTRICT COURT
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`NORTHERN DISTRICT OF CALIFORNIA, SAN FRANCISCO DIVISION
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`U.S. WECHAT USERS ALLIANCE,
`CHIHUO INC., BRENT COULTER,
`FANGYI DUAN, JINNENG BAO,
`ELAINE PENG, and XIAO ZHANG,
`
`Plaintiffs,
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`v.
`
` Case No. 3:20-cv-05910
`
`COMPLAINT FOR DECLARATORY
`AND INJUNCTIVE RELIEF
`
`
`
`
`DONALD J. TRUMP, in his official
`capacity as President of the United States,
`and WILBUR ROSS, in his official
`capacity as Secretary of Commerce,
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`Defendants.
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`[3601169.5]
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`COMPLAINT FOR DECLARATORY AND INJUNCTIVE RELIEF
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`Case No. 3:20-cv-05910
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`

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`Case 3:20-cv-05910 Document 1 Filed 08/21/20 Page 2 of 32
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`1.
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`Public space in the digital age is defined by platforms and users rather than
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`INTRODUCTION
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`physical places with geographic boundaries. Cyberspace, particularly social media, is one
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`of “the most important places” to exchange views. Packingham v. North Carolina, 582
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`U.S. —, 137 S. Ct. 1730, 1735 (2017). Few digital public squares are as large as that
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`found on WeChat. Released in 2011, WeChat is now one of the world’s most popular
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`mobile telephone applications (“app”), with over 1 billion monthly active users.1
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`2.
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`Approximately 19 million users rely on the app in the United States, and it is
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`the primary app Chinese-speakers in the U.S. use to participate in social life by connecting
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`with loved ones, sharing special moments, arguing ideas, receiving up-to-the minute news,
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`and participating in political discussions and advocacy.2 As a “super-app,” WeChat users
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`also rely on the app to make telephone calls, hold video conferences, upload documents,
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`share photos, and make payments.3 It has become essential to the conduct of daily life for
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`its users, many of whom regularly spend hours each day on the app.
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`3. WeChat is also used for numerous societally important purposes, including
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`by public institutions. For example, as the coronavirus pandemic continues to separate
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`people physically, WeChat has been used in the United States by police departments to
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`inform the public about testing center locations, by volunteers to organize the delivery of
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`medical supplies, and by families to stay in touch with isolated elderly relatives in nursing
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`1 Rayna Hollander, WeChat has hit 1 billion monthly active users, BUSINESS INSIDER
`(Mar. 6, 2018, 11:59 a.m.), https://www.businessinsider.com/wechat-has-hit-1-billion-
`monthly-active-users-2018-3; Iris Deng and Celia Chen, How WeChat became China’s
`everyday mobile app, SOUTH CHINA MORNING POST (Aug. 16, 2018),
`https://www.scmp.com/tech/article/2159831/how-wechat-became-chinas-everyday-
`mobile-app.
`2 Rick Smith, Crackdown on WeChat could hinder millions of US users who rely on social
`media tool, WRAL TECHWIRE (Aug. 19, 2020),
`https://www.wraltechwire.com/2020/08/19/crackdown-on-wechat-could-hinder-millions-
`of-us-users-who-rely-on-social-media-tool/.
`3 Bani Sapra, This Chinese super-app is Apple’s biggest threat in China and could be a
`blueprint for Facebook’s future. Here’s what it’s like to use WeChat, which helps a billion
`users order food and hail rides, BUSINESS INSIDER (Dec. 21, 2019),
`https://www.businessinsider.com/chinese-superapp-wechat-best-feature-walkthrough-
`2019-12.
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`[3601169.5]
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`1
`COMPLAINT FOR DECLARATORY AND INJUNCTIVE RELIEF
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`Case No. 3:20-cv-05910
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`

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`Case 3:20-cv-05910 Document 1 Filed 08/21/20 Page 3 of 32
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`homes. WeChat is also used by individuals and groups—including churches—for
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`religious and cultural purposes: group prayer, organizing for holidays and events, taking
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`care of the poor, sick and infirm, and education.
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`4.
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`In the United States and across the world, national governments engage in
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`dragnet surveillance of digital communications of ordinary people. Because governmental
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`surveillance is all-pervasive and occurs at the network level, communications over
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`WeChat, like communications on all other apps that run on our systematically surveilled
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`internet infrastructure, are captured by this dragnet.
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`5.
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`Despite widespread knowledge of these practices, hundreds of millions of
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`people in this country voluntarily use surveilled devices and apps to participate in all facets
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`of social and economic life every day. This is the case for WeChat users in the United
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`States, where it is widespread knowledge amongst users that both the United States and
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`Chinese governments monitor WeChat communications.4 WeChat users in the United
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`States continue to use and rely on the app, knowing that Big Brother is watching.
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`6.
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`On August 6, 2020, the President issued Executive Order 13943 entitled
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`“Addressing the Threat Posed by WeChat, and Taking Additional Steps To Address the
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`National Emergency With Respect to the Information and Communications Technology
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`and Services Supply Chain,” 85 FR 48641 (“the Executive Order”). Citing national
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`security concerns, the Executive Order bans what appears to be all uses of WeChat by
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`anyone within the United States as well as “U.S. persons” outside the United States.
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`Section 1(a) of the Executive Order prohibits people and property subject to U.S.
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`jurisdiction from carrying out “transactions” with WeChat after 45 days of the Executive
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`Order’s issuance. Section 2(a) prohibits any transaction “by a United States person or
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`4 See Arjun Kharpal, Chinese tech giant Tencent reportedly surveilled foreign users of
`WeChat to help censorship at home, CNBC (May 8, 2020),
`https://www.cnbc.com/2020/05/08/tencent-wechat-surveillance-help-censorship-in-
`china.html; Tim Lau, The Government Is Expanding Its Social Media Surveillance
`Capabilities, BRENNAN CENTER FOR JUSTICE (May 22, 2019).
`https://www.brennancenter.org/our-work/analysis-opinion/government-expanding-its-
`social-media-surveillance-capabilities.
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`[3601169.5]
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`2
`COMPLAINT FOR DECLARATORY AND INJUNCTIVE RELIEF
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`Case No. 3:20-cv-05910
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`Case 3:20-cv-05910 Document 1 Filed 08/21/20 Page 4 of 32
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`within the United States” that evades, avoids, or violates the uncertain prohibition in
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`Section 1(a). Maddeningly, the Executive Order does not define what those transactions
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`include, leaving individuals and companies at a loss as to whether they will risk civil
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`and/or criminal prosecution and penalties if they do not fundamentally change the way
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`they communicate or run their businesses. The vaguely worded Executive Order was
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`issued without further explanation or a media briefing, and states that the Secretary of
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`Commerce shall identify what transactions are prohibited after 45 days—in effect,
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`delaying identification of what transactions are prohibited until after such transactions are
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`already prohibited.5
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`7.
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`Neither the Executive Order itself nor the White House provided concrete
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`evidence to support the contention that using WeChat in the United States compromises
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`national security. Notably, no other nation has implemented a comprehensive WeChat ban
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`on the basis of any like-finding that WeChat is a threat to national security.6 The
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`Executive Order was, however, issued in the midst of the 2020 election cycle, during a
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`time when President Trump has made numerous anti-Chinese statements that have
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`contributed to and incited racial animus against persons of Chinese descent7—all outside
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`of the national security context.
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`8.
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`In a stark violation of the First Amendment, the Executive Order targets and
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`5 Ana Swanson, Trump’s Orders on WeChat and TikTok Are Uncertain. That May Be the
`Point., N.Y. TIMES (Aug. 7, 2020),
`https://www.nytimes.com/2020/08/07/business/economy/trump-executive-order-tiktok-
`wechat.html.
`6 See Maria Abi-Habib, India Bans Nearly 60 Chinese Apps, Including TikTok and
`WeChat, N.Y. TIMES (June 29, 2020, updated on June 30, 2020),
`https://www.nytimes.com/2020/06/29/world/asia/tik-tok-banned-india-china.html (stating
`that India’s ban is “part of the tit-for-tat retaliation after the Indian and Chinese militaries
`clashed earlier this month.”).
`7 See, e.g., Nadia Kim, Asian Americans Suffer From Trump’s Racist Attacks Too, PUBLIC
`SEMINAR (July 23, 2020), https://publicseminar.org/essays/asian-americans-suffer-from-
`trumps-racist-attacks-too/; Li Zhou, Trump’s racist references to the coronavirus are his
`latest effort to stoke xenophobia, VOX (June 23, 2020),
`https://www.vox.com/2020/6/23/21300332/trump-coronavirus-racism-asian-americans;
`Matt Stevens, How Asian-American Leaders Are Grappling With Xenophobia Amid
`Coronavirus, N.Y. TIMES (Mar. 29, 2020, updated on April 10, 2020),
`https://www.nytimes.com/2020/03/29/us/politics/coronavirus-asian-americans.html.
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`[3601169.5]
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`3
`COMPLAINT FOR DECLARATORY AND INJUNCTIVE RELIEF
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`Case No. 3:20-cv-05910
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`Case 3:20-cv-05910 Document 1 Filed 08/21/20 Page 5 of 32
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`silences WeChat users, the overwhelming majority of whom are members of the Chinese
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`and Chinese-speaking communities. It regulates constitutionally protected speech,
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`expression, and association and is not narrowly tailored to restrict only that speech which
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`presents national security risks to the United States. Accordingly, it is unconstitutionally
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`overbroad. Indeed, banning the use of WeChat in the United States has the effect of
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`foreclosing all meaningful access to social media for members of the Chinese-speaking
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`community, such as Plaintiffs, who rely on it to communicate and interact with others like
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`themselves. The ban on WeChat, because it substantially burdens the free exercise of
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`religion, also violates the Religious Freedom Restoration Act.
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`9.
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`The Executive Order runs afoul of the Fifth Amendment’s Due Process
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`Clause by failing to provide notice of the specific conduct that is prohibited; because of
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`this uncertainty, WeChat users in the United States are justifiably fearful of using WeChat
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`in any way and for any purpose—and also of losing access to WeChat. Since the
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`Executive Order, numerous users, including Plaintiffs, have scrambled to seek alternatives
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`without success. They are now afraid that by merely communicating with their families,
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`they may violate the law and face sanctions.
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`10. WeChat is the only “super-app” with a natively Chinese interface designed
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`for Chinese speakers. That is why it is the dominant social media and e-commerce
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`application amongst the global Chinese diaspora, which include Chinese communities in
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`the United States.8 These individuals, particularly those who do not speak English, are
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`completely reliant on WeChat to communicate, socialize, and express themselves. As
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`such, by prohibiting the use of only WeChat but not any similar applications (ones not
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`made in China and without Chinese interfaces), the Executive Order singles out people of
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`Chinese and Chinese-American ancestry and subjects them to disparate treatment on the
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`basis of race, ethnicity, nationality, national origin, and alienage. In doing so, the
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`8 Thuy Ong, Chinese social media platform WeChat reaches 1 billion accounts worldwide,
`THE VERGE (Mar. 5, 2018), https://www.theverge.com/2018/3/5/17080546/wechat-
`chinese-social-media-billion-users-china.
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`[3601169.5]
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`4
`COMPLAINT FOR DECLARATORY AND INJUNCTIVE RELIEF
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`Case No. 3:20-cv-05910
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`Case 3:20-cv-05910 Document 1 Filed 08/21/20 Page 6 of 32
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`Executive Order violates the Equal Protection Clause.
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`Finally, in issuing the Executive Order, the president acted beyond his
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`authority provided by the International Emergency Economic Powers Act, which precludes
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`the President from “directly or indirectly” regulating personal communications and the
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`international exchange of information.
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`12.
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`The U.S. WeChat Users Alliance (“USWUA”), Chihuo, Inc., Brent Coulter,
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`Fangyi Duan, Jinneng Bao, Elaine Peng, and Xiao Zhang (collectively, “Plaintiffs”), bring
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`this suit to challenge the Executive Order, which eviscerates an irreplaceable cultural
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`bridge that connects Plaintiffs to family members, friends, business partners, customers,
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`religious community members, and other individuals with common interests within the
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`Chinese diaspora, located both in and outside of the United States. The Executive Order
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`has already harmed Plaintiffs, who are plagued with fear for the loss of their beloved
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`connections, whether it be with friends, family, community, customers, aid recipients of
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`the charities they run, or even strangers whose ideas enrich their lives. They have been
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`forced to divert time, energy, and money to seek alternative communication platforms,
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`download and save irreplaceable digital histories, plan for business closures, find other
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`sources of information, and try to obtain alternative contact information for those from
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`whom they will soon be separated. Even if they succeed to some extent in their mitigation
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`efforts, Plaintiffs will never be able to replace the full spectrum of the social interactivity
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`that WeChat offers, nor will they be able to find any social networking platform with
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`anything close to the same level of participation by the global Chinese diaspora—this is
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`because WeChat’s network effects, generated by its 1 billion-plus daily users, is
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`irreplaceable.
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`13.
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`In short, the threatened displacement of these WeChat users from their public
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`space is an irreparable harm that requires judicial intervention.
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`14.
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`For these reasons, and those discussed below, the Court should (1) declare
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`that the Executive Order is unlawful and unconstitutional, (2) enjoin Defendants from
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`enforcing the Executive Order to prohibit the use of WeChat in the United States by
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`[3601169.5]
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`5
`COMPLAINT FOR DECLARATORY AND INJUNCTIVE RELIEF
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`Case No. 3:20-cv-05910
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`

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`Case 3:20-cv-05910 Document 1 Filed 08/21/20 Page 7 of 32
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`individual users, businesses and groups, and (3) stay the implementation date of any of the
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`penalty provisions of Executive Order until a reasonable time after the Secretary of
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`Commerce promulgates definitions of “transactions” under the Executive Order.
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`JURISDICTION AND VENUE
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`The claims asserted herein arise under and pursuant to the Constitution and
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`laws of the United States. This Court has jurisdiction over the subject matter of this action
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`pursuant to 28 U.S.C. § 1331.
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`16. An actual, present, and justiciable controversy exists between the parties
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`within the meaning of 28 U.S.C. § 2201(a).
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`17.
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`Plaintiffs’ claims for declaratory and injunctive relief are authorized by 28
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`U.S.C. §§ 2201 and 2202, by Rules 57 and 65 of the Federal Rules of Civil Procedure, and
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`by the general legal and equitable powers of this Court.
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`18. Venue is proper in this District pursuant to 28 U.S.C. §§ 2201 and 1391
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`(e)(1) because Defendant are officers of the United States acting in their official capacities
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`and (1) at least one plaintiff resides in this district; and (2) a substantial part of the events
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`or omissions giving rise to the claim occurred in this district. For the same reason,
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`intradistrict assignment is proper in the San Francisco Division. See N.D. Cal. L.R. 3-2.
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`19.
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`Plaintiff U.S. WeChat Users Alliance (“USWUA”) is a New Jersey nonprofit
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`PARTIES
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`organization that is in the process of being registered under Internal Revenue Code section
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`501(c)(3), established by individuals in the United States for the purpose of opposing the
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`Executive Order. Plaintiff USWUA is made up of WeChat users located throughout the
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`United States who are not affiliated with WeChat, its parent company Tencent Holdings
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`Ltd. (“Tencent”), nor any political party or foreign government. Plaintiff USWUA runs on
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`public donations from WeChat users and organizes its efforts on WeChat. Plaintiff
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`USWUA is made up of individuals who want to continue using WeChat within the United
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`States and are currently suffering and will continue to suffer an injury based on the
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`Defendants’ actions.
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`[3601169.5]
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`6
`COMPLAINT FOR DECLARATORY AND INJUNCTIVE RELIEF
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`Case No. 3:20-cv-05910
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`Case 3:20-cv-05910 Document 1 Filed 08/21/20 Page 8 of 32
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`20.
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`Plaintiff Elaine Peng is a United States citizen residing in Castro Valley,
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`California. Plaintiff Peng founded the Mental Health Association for Chinese
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`Communities (“MHACC”) in 2013 to provide mental health education, suicide prevention,
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`assistance, and other resources to her local Chinese community that is underserved by the
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`mental health profession due to language and cultural barriers. As president of MHACC,
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`Plaintiff Peng strives to make mental health programs available to those in need and has
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`received multiple awards for her work. Like much of the Chinese population in the United
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`States, Plaintiff Peng uses WeChat as her exclusive means to connect with her Chinese
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`families and friends, domestic or abroad. As most of the population MHACC serves relies
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`on WeChat to communicate, use of WeChat is also integral to MHACC’s mission to
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`provide mental health services and support to its members.
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`Plaintiff Brent Coulter is a United States citizen and WeChat user. Plaintiff
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`Coulter holds a Juris Doctor from the University of California, Hastings College of the
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`Law (“Hastings”), and lives in San Francisco, California. Plaintiff Coulter previously
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`lived in China for approximately five years, where he studied at Sichuan University and
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`worked in marketing. While in China, Plaintiff Coulter used WeChat as his main method
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`of communication to connect with friends and professional contacts. Now in the U.S., one
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`of Plaintiff Coulter’s professional goals is to bridge the gap between China and the U.S.
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`with regard to law and business. At Hastings, Plaintiff Coulter founded the Asian Law and
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`Business Association, through which he formed a partnership with the American Chamber
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`of Commerce (“AmCham”) in Southwest China. Each year, Plaintiff Coulter drafts two
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`chapters of AmCham’s annual white paper on U.S. business in China with his colleagues
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`in both countries. WeChat is central to Plaintiff Coulter’s annual collaboration and
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`remains the only way for him to connect with many of his professional contacts and
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`friends in China. Plaintiff Coulter relies on WeChat to build upon his professional career
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`which straddles law and business in the U.S. and China. Without WeChat, Plaintiff
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`Coulter would lose access to many of the relationships that he has built throughout his
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`studies and career.
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`[3601169.5]
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`7
`COMPLAINT FOR DECLARATORY AND INJUNCTIVE RELIEF
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`Case No. 3:20-cv-05910
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`

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`Case 3:20-cv-05910 Document 1 Filed 08/21/20 Page 9 of 32
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`22.
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`Plaintiff Xiao Zhang is a Chinese citizen with a valid visa residing in
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`Houston, Texas. She is employed as an engineer and founded a nonprofit organization
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`known as Hita Education Foundation that supports underserved students at the high school
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`in her hometown in China. Plaintiff Zhang uses WeChat to speak with administrators,
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`teachers, parents of school children, and to help identify underserved Chinese students who
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`would benefit from the program. Plaintiff Zhang’s nonprofit organization currently sends
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`donations of 300 yuan (approximately $43 dollars) to seven students per month to pay for
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`meals and school supplies. Plaintiff Zhang also uses WeChat to transfer the funds to each
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`individual student, and WeChat is her exclusive means to connect with her Chinese-
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`speaking family members and friends, domestic or abroad.
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`23.
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`Plaintiff Fangyi “Amy” Duan is a Chinese citizen with a valid visa, and
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`resides in Santa Clara, California. Plaintiff Duan is employed as the chief executive
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`officer of Plaintiff Chihuo, Inc. (“Chihuo”), a corporation that is dually registered in both
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`California and Delaware.
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`24.
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`Plaintiff Chihuo is a media and online retailer that creates content regarding
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`Chinese restaurants and cuisine for people residing in the United States. Plaintiff Chihuo
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`provides U.S. based merchants an e-commerce platform for targeting Chinese-speaking
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`consumers. Plaintiff Chihuo serves its customers by providing targeted marketing and
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`advertising services online. Plaintiff Chihuo delivers its targeted advertising and
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`marketing services primarily on several WeChat official accounts through its various
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`functions, including WeChat Moments. Plaintiff Chihuo employs or contracts with
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`approximately thirty people as part of its business. Plaintiff Chihuo’s WeChat accounts
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`cover 14 major metropolitan areas in the United States and are enjoyed by more than
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`640,000 readers.
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`25
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`25.
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`Plaintiff Jinneng Bao is a United States permanent resident and lives in
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`Nassau County, New York. He is self-employed and runs several businesses including a
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`construction company primarily serving Chinese-speaking clients in New York. Plaintiff
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`28
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`Bao actively attends a Chinese church in New York and participates in Bible studies
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`[3601169.5]
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`8
`COMPLAINT FOR DECLARATORY AND INJUNCTIVE RELIEF
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`Case No. 3:20-cv-05910
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`

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`Case 3:20-cv-05910 Document 1 Filed 08/21/20 Page 10 of 32
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`regularly on WeChat. His Bible study group consists of mostly Chinese-speaking
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`members. Due to the pandemic, Plaintiff Bao’s Bible study group has stopped meeting in
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`person, and WeChat is the only way the group currently maintains communications with
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`one another.
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`26. Defendant Donald J. Trump (“President Trump”) is the President of the
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`United States. He is sued in his official capacity. In that capacity, he issued the Executive
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`Order challenged in this suit.
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`27. Defendant Wilbur Ross (“Secretary Ross”) is the United States Secretary of
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`Commerce. He is sued in his official capacity. In the Executive Order, the Secretary is
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`authorized to take actions, including adopting rules and regulations, to implement the
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`Executive Order.
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`FACTUAL ALLEGATIONS
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`A. WeChat and App Capabilities
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`28. WeChat is one of the most popular messaging applications in the world, with
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`a monthly user base of more than 1 billion people.9 Nearly every person in China with an
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`online presence has at least one WeChat account, and over one-third of them spend four
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`hours or more on the app every day—making WeChat an indispensable part of many
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`peoples’ lives and work.10
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`29.
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`Though WeChat began as a messaging service, it is now a “super-app” that
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`serves a multitude of communicative needs, including making telephone calls, video
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`conferencing, sharing photos, commenting on other users’ posts, making payments, and
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`22
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`still other purposes.11
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`24
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`25
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`26
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`27
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`
`9 Arjun Kharpal, Everything you need to know about WeChat—China’s billion-user
`messaging app, CNBC (Feb. 3, 2019), https://www.cnbc.com/2019/02/04/what-is-wechat-
`china-biggest-messaging-app.html.
`10 Li Yuan, To Cover China, There’s No Substitute for WeChat, N.Y. TIMES (Jan. 9,
`2019), https://www.nytimes.com/2019/01/09/technology/personaltech/china-wechat.html
`11 Bani Sapra, This Chinese super-app is Apple’s biggest threat in China and could be a
`blueprint for Facebook’s future. Here’s what it’s like to use WeChat, which helps a billion
`users order food and hail rides, BUSINESS INSIDER (Dec. 21, 2019),
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`[3601169.5]
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`9
`COMPLAINT FOR DECLARATORY AND INJUNCTIVE RELIEF
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`Case No. 3:20-cv-05910
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`

`

`Case 3:20-cv-05910 Document 1 Filed 08/21/20 Page 11 of 32
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`30. One of WeChat’s primary uses is the app’s messaging capabilities, which
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`include both text and voice messaging. Messaging through WeChat is the preferred
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`method of communication in China, even when doing business. Through the app’s
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`messaging capabilities, users can have numerous ongoing conversations at one time, and
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`can also set up group texts within a family, a business, or among friends, to communicate
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`with the whole group simultaneously.
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`31. WeChat also has capabilities to make voice and video calls. WeChat users
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`8
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`often choose to make voice calls within the app rather than through their cellular telephone
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`9
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`provider because it is more convenient. Group voice conference calls and video chats—
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`comparable to Zoom video group calls—can also be easily made on WeChat.
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`32. WeChat includes a feature called “Moments” through which users can
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`upload photos, videos, share news articles, and compose text. WeChat users can comment
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`or like the post, similar to the capabilities of apps like Facebook or Instagram.
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`33. WeChat also supports many integrated services, such as banking and ride-
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`sharing, so that users do not need to use a separate app to get those services. Some
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`companies have launched “mini-programs” within WeChat instead of standalone apps,
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`making it more convenient for WeChat users to use their services.
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`34. WeChat has increasingly been adopted by older age groups in China,
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`including a significant percentage of those over 60.12 Even older users in their 70s use
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`WeChat at high levels for messaging, voice calls, reading articles, and making payments.13
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`B. WeChat Usage Specifically in the United States
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`35.
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`There are approximately 19 million daily active WeChat users in the United
`
`
`https://www.businessinsider.com/chinese-superapp-wechat-best-feature-walkthrough-
`2019-12.
`12 Clark Boyd, The Silver Lining: WeChat and China’s Over-60s, MEDIUM (Sept. 3, 2020),
`https://medium.com/swlh/the-silver-lining-wechat-and-chinas-over-60s-168b193fb516.
`13 Mansoor Iqbal, WeChat Revenue and Usage Statistics, BUSINESS OF APPS (updated
`July 30, 2020), https://www.businessofapps.com/data/wechat-statistics/.
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`[3601169.5]
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`10
`COMPLAINT FOR DECLARATORY AND INJUNCTIVE RELIEF
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`Case No. 3:20-cv-05910
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`

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`Case 3:20-cv-05910 Document 1 Filed 08/21/20 Page 12 of 32
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`States.14 WeChat is very widely used within the Chinese-American community, which is
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`estimated to be four to five million people.15 WeChat is the dominant method for anyone
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`in the United States who regularly communicates with people in China because it is free, is
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`4
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`more convenient, and has better reception than traditional telephone calls. WeChat is used
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`in the United States not only to keep in touch with friends and family, but also academics,
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`6
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`professionals, and business people to discuss matters of professional importance. In the
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`United States, the vast majority of the Chinese-speaking population is on WeChat, creating
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`network-effects that encourage others to join and participate lest they be cut off entirely
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`from family, friends, and business circles.16 Simply put, WeChat is irreplaceable because
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`no other app has anywhere near the same number of users and engagement among the
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`Chinese-speaking community in the United States.
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`36. WeChat users in the United States use the app to communicate within
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`Chinese American communities in the United States and with Chinese speakers throughout
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`14
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`the world. Without access to WeChat, users in the United States will be cut off from their
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`cultural community in the U.S. and lose the main line of communication they have with
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`the rest of their family thousands of miles away. Plaintiffs Peng, Zhang, Bao, and Fang all
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`use WeChat while living in the United States to regularly communicate with their aging
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`parents or other family members who reside in China.
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`37.
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`The importance of WeChat to Chinese Americans cannot be overstated
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`20
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`because a significant portion of these individuals speak little or no English. According to a
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`27
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`14 Krystal Hu, WeChat U.S. ban cuts off users link to families in China, REUTERS (Aug. 7,
`2020), https://www.reuters.com/article/us-usa-tencent-holdings-wechat-ban/wechat-us-
`ban-cuts-off-users-link-to-families-in-china-
`idUSKCN253339#:~:text=In%20the%20past%20three%20months,according%20to%20an
`alytics%20firms%20Apptopia.
`15 Gustavio Lopez, Neil G. Ruiz, and Eileen Patten, Key facts about Asian Americans, a
`diverse and growing population, PEW RESEARCH CENTER (Sept. 8, 2017),
`https://www.pewresearch.org/fact-tank/2017/09/08/key-facts-about-asian-americans/.
`16 Mohit Mittal, WeChat—The One App That Rules Them All, HARVARD BUSINESS
`SCHOOL DIGITAL INITIATIVE (Aug. 25, 2017), https://digital.hbs.edu/innovation-
`disruption/wechat%E2%80%8A-%E2%80%8Athe-one-app-rules/.
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`[3601169.5]
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`11
`COMPLAINT FOR DECLARATORY AND INJUNCTIVE RELIEF
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`Case No. 3:20-cv-05910
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`

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`Case 3:20-cv-05910 Document 1 Filed 08/21/20 Page 13 of 32
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`study by the Pew Research Center, 41% of the Chinese population in the United States are
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`not English proficient.17 Accordingly, a blanket prohibition on WeChat means that
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`millions of individuals in the United States will be unable to find a comparable substitute
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`on apps such as Facebook, which are designed for English-speaking users and primarily
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`have English-speaking user networks within the United States.
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`38. WeChat users in the United States use the app to engage in, organize, and
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`publicize religious and cultural practices. For instance, various churches with primarily
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`8
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`Chinese congregants have WeChat profiles and stream their services online.18 The Church
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`9
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`of Jesus Christ of Latter-Day Saints uses WeChat to reach Chinese-American members
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`10
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`and potential congregants within China.19 WeChat users in the United States attend and
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`11
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`participate in religious services or events, such as funerals, weddings, or other gatherings
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`12
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`through the app. Plaintiff Jinneng Bao relies on WeChat exclusively to attend regular
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`13
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`Bible studies hosted by his Chinese church in New York. WeChat users in the United
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`14
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`States organize and celebrate various religious and cultural holidays through their activity
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`15
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`in WeChat groups. They post Moments about holidays such as the Chinese New Year, the
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`Mid-Autumn Moon Festival, Ching Ming Festival (when Chinese pe