Ajsha Pllana
December 2019
In a letter dated November 7, 2019, United States Senator Chuck Schumer addressed Ryan McCarthy, Secretary of the Army, to warn against employing Chinese-owned social media platforms for military recruitment. It was noted that the U.S. Army recently declared its plan to target and recruit teenagers that demonstrate an interest in the military through TikTok, a social media video app used for creating and sharing lip-sync and talent videos. Senator Schumer also warned the Acting Director of National Intelligence that the foreign-owned app may pose national security risks.
User data information, including user content and sensitive personal information, IP addresses, location-related data are all collected by the app. However, the primary issue is not with TikTok’s user data collection, rather the recent creation of laws by the Chinese government. Under the new regulations, Chinese-owned companies operating at home and abroad are required to surrender all information collected on customers and users to the Chinese government. In essence, any information you have provided to TikTok can be collected and used – against you if necessary – by the Chinese government.
Recently, 17-year-old Feroza Aziz posted a video on TikTok in which she uses to criticize the Chinese government for its treatment of Uighur Muslims and the government’s use of concentration camps. The teen’s video was promptly deleted, and her account suspended from the platform. TikTok’s actions resulted in a catastrophic public relations fallout for which the company later issued an apology after having suspended the teen’s account for its critical comments. TikTok is just one example of how the Chinese government uses technology to undermine foreign governments, entities and to restrict free speech that is critical to China’s national interest and its advancement in the global sphere.
Chinese intelligence laws require Chinese companies to surrender customer information to the Chinese government
Enacted in 2017, China’s National Intelligence Law requires individuals, organizations, and companies to provide access, cooperation and support for China’s intelligence-gathering activities. More specifically, this law requires Chinese companies to surrender information of Chinese partners and co-workers. The law is vaguely worded, however it requires Chinese companies working with foreign partners to surrender information falling under virtually any category – such as political, military, economic, social, technological and cultural – under the umbrella of intelligence work. This information is to be used for the “sustainable development of the economy and society.”[1]
China targets nations around the world
The United States is hardly the first nation to fight back against Chinese-backed companies misusing data collected on individuals. Several countries, including the UK, Germany, France, and Japan have recently increased security measures for critical infrastructure to include technology, data, and information.[2] For the United States, critical infrastructure sectors have extended further to incorporate the chemical sector, communication, dams, food and agriculture, transportation, information technology, and financial sector, to name a few. This is based on the potential attacks (physical and cyber-based), which may cause a broad public panic or damage the morale and confidence of the people. In other words, creating an economic or social crisis.[3] On a lower octave, it may mean targeting journalists, politicians, policymakers and concerned citizens who speak out against China or Chinese companies. As Alex Pascal and Tim Hwang explain in “War is as War Does: World Conflict and the Future of Conflict,” that “nations never stop fighting” but “what they fight over, and therefore how they fight” changes over time.[4] Therefore, the themes surrounding what constitutes as national security risks have changed as a result of technological advancements, to now include technology as an instrument of threat and war.
China targets industries – such as healthcare and technology – that may help the government obtain private data
A report completed by US-China Economic and Security Review Commission addresses potential national security risks that the healthcare investments pose, due to accessibility of private and medical data that foreign companies and investors may be able to obtain. Additionally, the report determines that the Chinese government has recognized the value that biotechnology and data can deliver thus making the collections of related date a national priority.[5]
China has demonstrated similar ambitions in Australia, with its interest in the Australian health sector growing rapidly. The Australian Foreign Investment Review Board (FIRB) has already taken to deter Chinese private companies from buying Australian assets. FIRB based this decision on the newly passed legislation by the Chinese government that makes it possible for the government to solicit information from China-based companies, even those operating abroad. In essence, this law no longer allowed private Chinese companies any freedom or distinction from the companies owned by the state and the Chinese Communist Party (CCP). Treasurer Josh Freydenberg, explained that whilst Australia welcomes foreign investment in the country, defending national interests is the top priority. Furthermore, protecting Australia from undue and unethical Chinese conduct is not discriminatory but rather serves as a preventative measure against future conflict and dissension.
In one such instance, Clive Hamilton, professor at Charles Sturt University in Canberra enumerated his concerns over China’s attempt to acquire Healius, one of Australia’s largest owners of medical and pathology centers. Professor Hamilton feared that the companies, as required by law, will hand over sensitive medical and health records to the Chinese government, which in turn could use the information to blackmail political, military and public service leaders. In an opinion editorial Clive pointedly questions why any government, including Australia’s, would be find it appropriate to trust Chinese companies with access to its citizens’ sensitive records that would also be available to Beijing’s intelligence agency?[6]
Time is Up
A number of countries such as the United States, Canada, New Zealand and have joined Australia in condemning the actions of a hacking group backed by the Chinese government for stealing private information from companies and governmental agencies in more than a dozen countries around the world. With the study cases enumerated above, it is evident that China also seeks to openly target industries that hold private information for citizens abroad in order to carry out its objectives of national interest. It is imperative that we speak out against all governments that insist on obtaining data unlawfully and unethically to advance political objectives. They are able to silence and coerce the citizens of targeted countries by threatening to release embarrassing or compromising information.
[1] Tanner, Murray Scot. 2017. Beijing’s New Intelligence Law: From Defense to Offense. Lawfare. https://www.lawfareblog.com/beijings-new-national-intelligence-law-defense-offense.
[2] Fuller, Stuart. 2019. Chinese investment and Australian infrastructure: Broadening the concept, and our minds. Asian Society. https://asiasociety.org/australia/chinese-investment-and-australian-infrastructure-broadening-concept-and-our-minds
[3] United States Department of Homeland Security. 2015. Homeland Security Presidential Directive 7: Critical Infrastructure Identification, Prioritization, and Protection. https://www.dhs.gov/homeland-security-presidential-directive-7.
[4] Alex Pascal and Tim Hwang. 2019. War is as War Does: World Order and the Future Conflict. Just Security. https://www.justsecurity.org/65959/war-is-as-war-does-world-order-and-the-future-ofconflict.
[5] Davis, Jessica. 2019. Government Report Finds China Could Use Medical Data for Blackmail. Health IT Security. https://healthitsecurity.com/news/government-report-finds-china-could-use-medicaldata-for-blackmail.
[6] Ly, Mimi Nguyen. 2019. Australia Says N Such A Thing As Private Chinese Company, Will Guard National Interest. The Epoch Times. https://www.theepochtimes.com/australia-steps-up-scrutiny-on-chinese-investment-toguard-national interest_2769320.html.
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