6 ms·

Could somebody file suit against the Chinese government? Could they prove a case to the standard required in a civil case?

by hughw 14y ago

brown9-2 14y ago
In which court would that suit be held in, and who would be the judge of any case? If the judging body ruled against China, how would any sort of punishment or punitive damages be enforced? There seems to be a common myth that the "law" in "international law" is in anywhere near as strong as "domestic law". International law is mostly meaningless and just comprises agreements between countries that could be broken or ignored.
- jstalin 14y ago
  Possibility: A suit under the Alien Tort Statute: https://en.wikipedia.org/wiki/Alien_Tort_Statute https://en.wikipedia.org/wiki/Alien_Tort_Statute
- hughw 14y ago
  The plaintiff would not be invoking any international law. Individuals working for the Chinese government stole computer secrets from U.S companies, stored in computers on U.S. soil. That's covered by U.S. and state civil and criminal laws. If they prove their case, and a judgement is awarded, China has to pay up. If they don't pay up, then a judge sends a sheriff or a marshal to seize property. Here's a random link about a lawsuit against Iran and Syria http://usnews.nbcnews.com/_news/2012/05/16/11733643-family-wins-323-million-against-iran-syria-over-terrorist-attack?lite http://usnews.nbcnews.com/_news/2012/05/16/11733643-family-w.... 'Wultz Attorney Robert Tolchin told msnbc.com that with the court judgment in hand his clients can seek Iranian and Syrian assets to collect the award. Tolchin said he couldn’t be specific, but he would explore “various avenues.” “There is a lot of litigation by people seeking the turnover of Iranian assets,” Tolchin said. “The Iranians have kept U.S. courts busy.”'
  - joequant 14y ago
    At which point China kicks the US company out of China, and said company loses far, far more than any amount that is due to hacking. Iran and Syria aren't subject to this problem because the amount of business that US companies do in Iran and Syria is trivial.
fspeech 14y ago
It is unlikely that you can sue a sovereign in court. You can sue individuals and corporations.
fspeech 14y ago
Legally you can sue the Chinese government in a Chinese court, if you can find a Chinese statute that supports your case.

Could somebody file suit against the Chinese government? Could they prove a case to the standard required in a civil case?

by hughw 14y ago

Could somebody file suit against the Chinese government? Could they prove a case to the standard required in a civil case?

brown9-2 14y ago

In which court would that suit be held in, and who would be the judge of any case? If the judging body ruled against China, how would any sort of punishment or punitive damages be enforced? There seems to be a common myth that the "law" in "international law" is in anywhere near as strong as "domestic law". International law is mostly meaningless and just comprises agreements between countries that could be broken or ignored.

jstalin 14y ago
Possibility: A suit under the Alien Tort Statute: https://en.wikipedia.org/wiki/Alien_Tort_Statute https://en.wikipedia.org/wiki/Alien_Tort_Statute
hughw 14y ago
The plaintiff would not be invoking any international law. Individuals working for the Chinese government stole computer secrets from U.S companies, stored in computers on U.S. soil. That's covered by U.S. and state civil and criminal laws. If they prove their case, and a judgement is awarded, China has to pay up. If they don't pay up, then a judge sends a sheriff or a marshal to seize property. Here's a random link about a lawsuit against Iran and Syria http://usnews.nbcnews.com/_news/2012/05/16/11733643-family-wins-323-million-against-iran-syria-over-terrorist-attack?lite http://usnews.nbcnews.com/_news/2012/05/16/11733643-family-w.... 'Wultz Attorney Robert Tolchin told msnbc.com that with the court judgment in hand his clients can seek Iranian and Syrian assets to collect the award. Tolchin said he couldn’t be specific, but he would explore “various avenues.” “There is a lot of litigation by people seeking the turnover of Iranian assets,” Tolchin said. “The Iranians have kept U.S. courts busy.”'
- joequant 14y ago
  At which point China kicks the US company out of China, and said company loses far, far more than any amount that is due to hacking. Iran and Syria aren't subject to this problem because the amount of business that US companies do in Iran and Syria is trivial.

fspeech 14y ago

It is unlikely that you can sue a sovereign in court. You can sue individuals and corporations.

fspeech 14y ago

Legally you can sue the Chinese government in a Chinese court, if you can find a Chinese statute that supports your case.