- The Strategist - https://www.aspistrategist.org.au -
Huawei and the ambiguity of China’s intelligence and counter-espionage laws
Posted By Samantha Hoffman and Elsa Kania on September 13, 2018 @ 06:00
Chinese law does not grant government the authority to compel telecommunications firms to install backdoors or listening devices, or engage in any behaviour that might compromise the telecommunications equipment of other nations. A mistaken and narrow understanding of Chinese law should not serve as the basis for concerns about Huawei’s business. Huawei has never been asked to engage in intelligence work on behalf of any government.
Any organisation and citizen shall, in accordance with the law, support, provide assistance, and cooperate in national intelligence work, and guard the secrecy of any national intelligence work that they are aware of [emphasis added]. The state shall protect individuals and organisations that support, cooperate with, and collaborate in national intelligence work.
When State Security organs carry out the tasks of counter-espionage work in accordance with the law, and citizens and organisations that are obliged to provide facilities or other assistance according to the law refuse to do so, this constitutes an intention to obstruct the state security organs from carrying out the tasks of counter-espionage work according to law.
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[1] has been banned: https://twitter.com/HuaweiOZ/status/1032411216184930304
[2] said: https://www.minister.communications.gov.au/minister/mitch-fifield/news/government-provides-5g-security-guidance-australian-carriers
[3] saying that: https://huaweihub.com.au/media-statement-huawei-technologies-global-hq/
[4] National Intelligence Law: http://www.npc.gov.cn/npc/xinwen/2017-06/27/content_2024529.htm
[5] Counter-Espionage Law: http://www.npc.gov.cn/npc/xinwen/2014-11/02/content_1884660.htm
[6] implementing regulations: https://www.madeirasecurity.com/detailed-regulations-for-the-prc-counterespionage-law-rush-translation/
[7] differs markedly: https://www.aspistrategist.org.au/chinas-state-security-strategy-everyone-is-responsible/
[8] State Security Law: http://www.npc.gov.cn/npc/xinwen/2015-07/07/content_1941161.htm
[9] ample: https://www.wsj.com/articles/chinas-hunt-for-guo-wengui-a-fugitive-businessman-kicks-off-manhattan-caper-worthy-of-spy-thriller-1508717977
[10] evidence: https://www.ft.com/content/f6a1c75c-c573-11e5-808f-8231cd71622e
[11] that the state: http://www.xinhuanet.com/english/2017-11/02/c_136723754.htm
[12] applies: https://www.economist.com/china/2018/03/31/chinas-law-enforcers-are-going-global
[13] its laws: https://www.smh.com.au/world/operation-fox-hunt-melbourne-grandmother-zhou-shiqin-prosecuted-after-return-to-china-20161026-gsalul.html
[14] and policies: https://www.nytimes.com/2015/08/17/us/politics/obama-administration-warns-beijing-about-agents-operating-in-us.html
[15] with extraterritoriality: https://www.theaustralian.com.au/news/beijings-hidden-hitlist-targets-100-fugitives-here/news-story/ac339c63d1dfeeaf05a0e85f15cdf730
[16] ‘case’ against Huawei: https://www.aspistrategist.org.au/the-campaign-against-huawei/
[17] has revealed: https://www.aspistrategist.org.au/the-african-union-headquarters-hack-and-australias-5g-network/
[18] investigation by Le Monde: https://www.lemonde.fr/afrique/article/2018/01/26/a-addis-abeba-le-siege-de-l-union-africaine-espionne-par-les-chinois_5247521_3212.html