Many Trump administration policies will lead to a wholesale decoupling between the United States and China with steep economic and strategic costs to the United States. To avoid this, the Biden administration should implement a fair and transparent licensing regime for the Securing the Information and Communications Technology and Services Supply Chain (ICTS) rule.
Samm Sacks is a Senior Fellow at Yale Law School’s Paul Tsai China Center and a Cybersecurity Policy Fellow at New America. She has worked on Chinese tech and cyber policy for over a decade, both in the national security community and the private sector. Previously, Samm launched the industrial cybersecurity business for Siemens in Asia. She also led China technology sector analysis at the political risk consultancy Eurasia Group. She reads and speaks Mandarin and was a Fulbright Scholar in Beijing.
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U.S. policymakers must have an accurate understanding of how Chinese government access to data works in order to respond to the risks posed in the most responsible and effective manner.
Among the many crises that have defined this last week has been the whiplash over whether or not the United States and China can come to a deal to avert a trade war. Optimism rose last weekend when Treasury Secretary Steven Mnuchin announced that tariffs on as much as $150 billion in Chinese goods would be put on hold while the two sides negotiated a framework with unspecified “structural” reforms for protecting American technology and to help American companies compete in China.
The Chinese government is operationalizing President Xi Jinping’s concept of cyber sovereignty and implementing the country’s new Cybersecurity Law. Four regulations issued since late August show the leadership’s approach to data privacy and security online.
China’s cybersecurity law (CSL) officially takes effect today.
Apple’s challenge to a court order requiring the company assists the US government in unlocking the iPhone of one of the San Bernardino shooters has led to a discussion about what exactly Apple provides to the Chinese government.