3 ms·

China Sees the World and How We Should See China

5 points by Farbodkhz 6y ago

refurb 6y ago
Great article! Really summarized the “why” behind China’s actions. This part certainly got my attention: In 2014 and then again in 2017, the party declared that all Chinese companies must collaborate in gathering intelligence. “Any organization or citizen,” reads Article 7 of China’s National Intelligence Law, “shall support, assist with, and collaborate with the state intelligence work in accordance with the law, and keep the secrets of the national intelligence work known to the public.”
- pinkfoot 6y ago
  Now go read the USA Cloud Act.
  - refurb 6y ago
    What about it? Primarily the CLOUD Act amends the Stored Communications Act (SCA) of 1986 to allow federal law enforcement to compel U.S.-based technology companies via warrant or subpoena to provide requested data stored on servers regardless of whether the data are stored in the U.S. or on foreign soil. The key distinction here is “via warrant or subpoena”. Being able to challenge the legality of a warrant or subpoena means the government does not have a free hand. Big distinction.
    - pinkfoot 6y ago
      You need to include in your evaluation of the state of the rule of law that in 2013, a top-secret order issued by the FISA court, which was later leaked to the media from documents culled by Edward Snowden, required a subsidiary of Verizon to provide a daily, on-going feed of all call detail records—including those for domestic calls—to the NSA. Now they can just do it worldwide. Small distinction
      - refurb 6y ago
        The US requires all warrants and subpoenas to go in front of an independent judge. China just says "give me the data". Big distinction.
        pinkfoot 6y ago
        What is an independent judge? The government selects the judge and all proceedings are in camera and you cannot event tell anyone that you ever got the NSL. There is a lot of theatre to look like judicial independence, but at the end the US government also just says "give me the data". You, presumable a citizen or resident, have absolutely no idea what data has been asked for and given by the FISA court.

5 points by Farbodkhz 6y ago

Great article! Really summarized the “why” behind China’s actions. This part certainly got my attention: In 2014 and then again in 2017, the party declared that all Chinese companies must collaborate in gathering intelligence. “Any organization or citizen,” reads Article 7 of China’s National Intelligence Law, “shall support, assist with, and collaborate with the state intelligence work in accordance with the law, and keep the secrets of the national intelligence work known to the public.”

pinkfoot 6y ago
Now go read the USA Cloud Act.
- refurb 6y ago
  What about it? Primarily the CLOUD Act amends the Stored Communications Act (SCA) of 1986 to allow federal law enforcement to compel U.S.-based technology companies via warrant or subpoena to provide requested data stored on servers regardless of whether the data are stored in the U.S. or on foreign soil. The key distinction here is “via warrant or subpoena”. Being able to challenge the legality of a warrant or subpoena means the government does not have a free hand. Big distinction.
  - pinkfoot 6y ago
    You need to include in your evaluation of the state of the rule of law that in 2013, a top-secret order issued by the FISA court, which was later leaked to the media from documents culled by Edward Snowden, required a subsidiary of Verizon to provide a daily, on-going feed of all call detail records—including those for domestic calls—to the NSA. Now they can just do it worldwide. Small distinction
    - refurb 6y ago
      The US requires all warrants and subpoenas to go in front of an independent judge. China just says "give me the data". Big distinction.
      - pinkfoot 6y ago
        What is an independent judge? The government selects the judge and all proceedings are in camera and you cannot event tell anyone that you ever got the NSL. There is a lot of theatre to look like judicial independence, but at the end the US government also just says "give me the data". You, presumable a citizen or resident, have absolutely no idea what data has been asked for and given by the FISA court.