Last May, two attorneys from the Zhong Lun law firm submitted a declaration to the FCC in support of Huawei’s position that it could not be compelled by the Chinese authorities to install backdoors, eavesdropping facilities, or other spyware in telecommunications equipment it manufactured or sold. I finally had the time to look at the declaration in detail. I don’t find it convincing. I have written up a pretty full analysis (over 10 single-spaced pages) and posted it here on SSRN. Enjoy.
Incidentally, my colleague Jacques deLisle of the University of Pennsylvania Law School also submitted a statement of his views, which largely support Huawei’s position. (I hope I have not characterized his statement unfairly.) Needless to say, I don’t agree, but the paper here is an analysis of the arguments of the Zhong Lun submission, not Jacques’. Those who are interested can read Jacques’ statement for themselves.
1 thought on “The Zhong Lun declaration to the FCC on Huawei’s obligations under Chinese law”
Having spent a decade teaching and work in China and under surveillance of one sort or another the entire time, I have no faith in what Chinese law firms or foreign law firms doing business in China or with Chinese firms say in supporting Huawei and saying the Chinese government will not and cannot control Huawei and force it to spy, collect intelligence and do other acts of espionage. Huawei will do it if demanded of the Chinese government. The Chinese will force Huawei to do such acts if the Chinese government leadership deems it is in the national interest of the Chinese nation. Any other thought by American or Western governments is naive and dangerous.
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