中國加緊對關鍵技術的控製

近日流傳美國對中國加緊對關鍵技術的控製反應強烈，這是一份總結：

2015.02.28觀察者
奧巴馬內閣要求中國取消銀行業信息安全新規

我把紐約時報的原文附錄在下。這報道是針對中國就銀行技術設備的要求而言的，其中引用的參考消息的報道在此：

2015.02.28參考消息
外媒:美施壓中國銀行業技術新規 卻嚴審中國投資
英媒：歐美企業上書政府 籲阻止中國網絡安全新規
港媒：中國投資者並購美國企業 受審查最多
外媒關注中國啟動網絡安全審查 美國早有先例
中國人占美投資移民申請近九成 投資超百億美元

參考消息相關資料較齊全，一並附上，但不確定華爾街日報原文出處。

然而這隻是中國政府的第一步。目前中國已經逐漸減少和禁止在政府部門和關鍵企業、國家基礎結構網絡采用外國技術、設備：

Chinese government continues dropping foreign tech in favor of local products
路透社：Exclusive: China drops leading technology brands for state purchases
”Chief casualty is U.S. network equipment maker Cisco Systems. Smartphone and PC maker Apple has also been dropped over the period, along with Intel Corp's security software firm McAfee and network and server software firm Citrix Systems“
彭博：China Said to Exclude Apple From Procurement List
”China’s procurement agency told departments to stop buying antivirus software from Symantec Corp. and Kaspersky Lab, while Microsoft Corp. was shut out of a government purchase of energy-efficient computers.“


最新的進展是中國最近將要製定反恐法，據說已在人大二稿宣讀，即將通過。這反恐法很嚴厲，要求外國設備必須留後門、將密碼上交中國政府。

對此，國外技術界更是擔心。

路透社：China draft counterterror law strikes fear in foreign tech firms
華爾街日報：U.S. Presses China on Technology Rules（附錄在下）

新浪對路透社報道的翻譯：
路透：中國反恐法草案要求科技產品裝“後門”

新浪科技訊 北京時間2月28日早間消息，路透社報道稱，中國正在研究製定更廣泛的反恐法，這將要求科技公司向政府部門提供加密密鑰，並在產品中安裝信息安全“後門”。許多歐美公司認為，這意味著在中國境內開展業務將更加不便。

中國人大的機構本周公布了首部反恐法的第二份草案，預計這一草案將於幾周或幾個月內得到通過。去年底，中國人大公布了反恐法的最初草案。當時的草案要求企業將服務器和用戶數據保留在中國國內，向司法部門提供通信記錄，並審查與恐怖主義有關的互聯網內容。    

這一反恐法草案的覆蓋範圍遠遠超過了近期對金融行業的監管規定。當時的監管規定要求中國的銀行采購國內技術產品。

對微軟和蘋果等美國科技公司來說，這意味著在信息安全和技術政策方麵的又一次衝突。一名業內消息人士表示：“對於在中國境內開展業務的任何人來說，這都是一場災難。你將無法再使用安全的VPN，你無法再安全地傳送財務信息和任何企業機密。根據法律，沒有任何是安全的。”

根據一名美國政府官員的說法，奧巴馬政府已經對中國的反恐法草案表示了關切。美國和歐美其他國家的政府官員認為，包括新的銀行業監管規定和反壟斷調查在內，中國國外企業遭到了不平等的監管壓力。

華盛頓戰略與國際研究中心中國商業和政治經濟項目研究主管斯科特·肯尼迪(Scott Kennedy)表示：“真正的考驗在於如何執行。考慮到近期針對國外公司的反壟斷案，對銀行業的監管規定，以及在政府采購目錄中減少國外公司的產品，國外公司有理由表示高度關切。”

實際上，過去多年時間裏，歐美各國政府，包括美國和英國，也要求科技公司披露加密方式。包括美國聯邦調查局(FBI)局長詹姆斯·科梅伊(James Comey)和國家安全局(NSA)局長邁克·羅傑斯(Mike Rogers)在內的官員去年曾公開表示，反對蘋果和穀歌等公司使用司法部門無法訪問的加密係統。

這沒有表達了原文”害怕“之意。

德國之聲中文網的翻譯：中國製定反恐法 外國企業擔心啥？

德國之聲中文網）中國人大常委會本周開始審議該國首部 《反恐法》草案，該法預計將在接下來的幾周或幾個月內正式頒布。

根據中國人大去年年底公布的一份草案，各企業必須將服務器和用戶數據儲存在中國境內，並向執法機構提供通訊記錄以及審查與恐怖主義有關的網絡內容。

對於美國各大科技巨頭而言，這可能意味著中美之間有關網絡安全和科技政策的新一輪較量。

"對於所有在華經營業務的人來說都是一場災難，"一名企業界人士對路透社表示。"你不能使用安全的VPN服務，不能安全傳送金融信息，或者任何企業機密。根據這部法案，已經沒有任何安全可言。"

有美國官員表示，奧巴馬政府已經對中國表達了對於這份反恐法草案的擔憂。

盡管中國最新的反恐法案將對國內外企業一概適用，但華府官員和西方商界遊說人士則認為，這部法律以及此前推出的一係列反壟斷調查和銀行業IT采購規定等措施都旨在向外國企業施加不平等的監管壓力。

以"反恐"為名的貿易保護主義？
不得不提的是，包括美國和英國在內的西方國家政府多年來都曾向科技企業施壓，要求得到加密方式，並且取得程度不一的成果。

去年年底，美國聯邦調查局（FBI）和國家安全局（NSA）曾警告包括蘋果和穀歌在內的互聯網公司，不要使用執法無法破譯的加密程序。

北京政府強調，鑒於前NSA雇員 斯諾登所透露的美國間諜技術之先進程度，中國更有必要提高自身的網絡安全措施。
路透社掌握的文件顯示，去年12月，中國銀行監管機構頒布規定，要求各銀行在采購科技產品時必須遵守68項安全標準，確保"安全可控"。

國外開發的基於源代碼的操作係統、數據庫軟件和中間件軟件都必須在政府登記，才能允許采購。
美國貿易代表弗羅曼（Michael Froman）周四（2月26日）發表聲明，批評中國的銀行業采購新規，認為這些規定"並非出於安全考量，而是貿易保護主義，有利於中國企業。"弗羅曼表示美國正積極努力，促使中方收回這些規定。

美國在華商會主席吉莫曼(James Zimmerman)表示，中方的最新規定一旦實施，不僅會限製美國企業的商業機會，也可能對中國自身造成影響。

"過度反恐政策的一個不幸後果是，可能會在技術方麵將中國孤立於全世界。最終結果是，限製該國獲得尖端技術和創新的途徑。"

但是，許多不願意透露姓名的美國科技企業負責人和業內人士都表示，由於事關公共安全事務，他們擔心最新的安全法案會比銀行業監管新規更加嚴厲，同時話題敏感性更強。

中國版《愛國者法案》
一名業界人士表示，最新的反恐法草案中，對於企業配合執法機關的內容定義模糊、外延甚廣，這讓外界尤為憂慮。此外，拒絕合作可能遭受嚴厲懲罰甚至牢獄之災。

"這相當於一份強度非常非常高的《愛國者法案》"，一位美國商界人士表示。《愛國者法案》是2001年9·11恐怖襲擊發生後，喬治·W·布什總統力主通過的一份反恐法案。

路透社對中國人大發出的采訪請求沒有得到立即回應，蘋果和穀歌公司則拒絕對中國反恐法草案置評，微軟公司也沒有對采訪請求作出回應。

中國領導人表示國家麵臨宗教極端分子和分離主義者的嚴重威脅，反恐法案的製定由此而來。過去兩年內，已經有數百人在新疆等地發生的中喪生。北京政府始終指責試圖建立"東突厥斯坦"的伊斯蘭極端分子要為暴力行為負責。

覺得“要求外國設備必須留後門、將密碼上交中國政府”較嚴，不是說永遠不能采用，不過目前不合適，它不單隻限製外國產品，也會影響中國企業、產品的聲譽，應延緩執行，考慮觀察一段時間再說。



2015.02.27紐約時報
Mutual Suspicion Mars Tech Trade With China

BEIJING — At an elegant guesthouse here recently, China’s top Internet regulator entertained ambassadors and diplomats with platters of tempura and roast on a spit, unusual lavishness in an era of official austerity in China, to celebrate the Chinese New Year.

But the graciousness came with a warning: Foreign companies had to behave if they wanted to stay in China’s $450 billion technology market.

In Washington on the same day, more than two dozen American tech industry executives and trade association officials gathered at an emergency meeting at the pre-Civil War building of the Office of the United States Trade Representative. They told the deputy trade representative it was time for the United States to get tough with Beijing.

The stern words at the dueling gatherings underscored how a routine trade disagreement had quickly escalated into a complex political fight. On Friday, the battle lines became even clearer when a top United States official criticized China for the new regulations on American tech companies.

The conflict has escalated sharply for months. Now, it pits a confident Chinese leadership, alarmed by evidence of online espionage by the United States, against an awkward alliance between the Obama administration and Silicon Valley — which itself is wary of Washington but is also salivating over the huge Chinese market.

What makes this trade dispute different from others is that traditional concerns of market share and protectionism have become intertwined with the thornier issues of national security and espionage.

“We are at a bad point in a triangular drama,” said Peter F. Cowhey, dean of the School of International Relations and Pacific Studies at the University of California, San Diego. “The Chinese government is suspicious of American spying, and it wants to advance Chinese leadership in digital markets,” said Mr. Cowhey, who is a former director of the University of California Institute on Global Conflict and Cooperation and a former counselor for the United States trade representative. “Washington suspects the worst of Chinese commercial policy and is equally suspicious of Chinese digital espionage.”
Continue reading the main story

The latest chapter in the dispute began when China said American tech companies had to submit to invasive audits and create back doors into hardware and software. The Chinese say the rules are a matter of national security, necessary to protect state and business secrets.

The rules, which will go into effect in coming weeks, apply only to banking technology for now but are expected to spread to other sectors. Other proposed regulations in China, like an antiterror law still in draft form, go even further and could force tech companies to hand over encryption keys — the passcodes that help protect data from prying eyes — to the Chinese government.

The tech companies say the new rules and the proposals are untenable. But their hands are somewhat tied.

The companies have called on the Obama administration for help, a move made with hesitation. Silicon Valley companies are also leery of the Obama administration’s using their technology for espionage, particularly after the spying revelations made public by Edward J. Snowden, the former American intelligence contractor.
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Those same revelations may also be limiting the administration’s options — hobbling its ability to tell China to stop taking the same liberties with technology that the United States has taken.

The companies, and some in the American government, argue that China’s moves are not primarily about national security. Instead, executives and trade groups say, China is mostly trying to strengthen its domestic tech industry by blocking competitors.

The Obama administration has used that argument to pressure Beijing. This month, four cabinet officials, including Treasury Secretary Jacob Lew and Secretary of State John Kerry, sent a letter to their counterparts in Beijing, requesting the immediate suspension of the banking measures, according to an official who has seen the letter but would speak only on the condition of anonymity.

Michael Froman, the United States trade representative and also a signatory of the letter, said on Friday that the new rules violated China’s trade commitments.

“The rules aren’t about security — they are about protectionism and favoring Chinese companies,” he wrote in a statement. “The administration is aggressively working to have China walk back from these troubling regulations.”

Still, in many ways, China seems to hold all the cards. China has twice as many Internet users as the United States, a market expected to account for half of all information technology spending globally in 2015. Its industrial policy gives the government strong control over the economy. And its own tech companies are growing in size and capability.

American companies — eager to do business in the expanding market — are divided on how to deal with the Chinese, a weakness China has cannily exploited over the last decade.

Just a few years ago, the companies had a tacit agreement not to give in to demands that they store data in China. In 2012, Microsoft capitulated, cooperating with a local company to store data in China and help its customers meet local legal requirements. Soon after, IBM, Amazon and Apple followed suit.

A similar pattern played out in other areas, too. In each case one foreign firm accedes to a new, stricter regulation — at times providing technical expertise to Chinese partners. Soon, foreign rivals, worried about missing out, do the same. And in the long term, the local Chinese companies become competitors to their former foreign partners.

“The Chinese go to each company and say, ‘Look, don’t oppose this and we’ll give you special treatment,’ ” said James Lewis, a senior fellow at the Center for Strategic and International Studies.

Uncertain when a rival might cave to China’s demands, most American tech companies have engaged in a delicate high-wire act, working hard to stay in Beijing’s favor while pushing the United States government to voice their grievances.

During a November visit to China, Obama raised concerns about an antimonopoly investigation into Qualcomm, the large semiconductor company. But when Qualcomm was fined nearly a billion dollars by Beijing under the antimonopoly law this month, the company’s president practically thanked China, saying “we appreciate” the Chinese regulator’s “acknowledgment of the value and importance of Qualcomm’s technology and many contributions to China.”
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Continue reading the main story

In previous disputes, China has tempered policies after the tech industry made enough noise. But analysts say this time is different. President Xi Jinping is tougher than his predecessors, they say, and he has taken a personal interest in the country’s tech security.

“People have to realize there is a new sheriff,” said Christopher Johnson, senior China analyst at the Center for Strategic and International Studies in Washington.

The documents released by Mr. Snowden, including some indicating that the American government planted surveillance code in some telecommunications exports, have also emboldened Chinese leaders. An American tech industry official said China’s top Internet regulator, Lu Wei, has often claimed the moral high ground in feisty encounters with Americans.

Mr. Lu perhaps gained more ammunition this month, when a Russian security firm reported that the United States had found a way to permanently embed surveillance and sabotage tools in the computers and networks it targets.

China also argues that the United States has engaged in restrictions similar to those pursued by the Chinese. The American tech official said that Mr. Lu cites the instructions by Gary Locke, then secretary of commerce, to Sprint Nextel in 2010 to not buy equipment from Huawei, the Chinese telecommunications equipment maker, because of security concerns.

One potential option to help defuse the situation, said Jon M. Huntsman Jr., a former American ambassador to China, is trying to tie the technology trade issues to broader trade talks between the countries. The Obama administration is in the middle of negotiating a bilateral investment treaty with China that covers industries like financial services and energy but not technology.

“There needs to be a pathway to develop rules of the road,” Mr. Huntsman said. “These are complicated issues.”

Correction: February 27, 2015
An earlier version of this article gave an outdated title for Peter Cowhey. He is the former director of the University of California Institute on Global Conflict and Cooperation, not the current one.


華爾街日報：U.S. Presses China on Technology Rules

BEIJING—U.S. officials and business groups are objecting to a draft Chinese antiterrorism law that they say would enable Beijing to acquire proprietary information or nudge foreign technology companies out of the domestic market.

The proposed law is the latest challenge foreign tech companies face in China in the wake of disclosures about U.S. intelligence-gathering activities and heightened mistrust over cybersecurity between Washington and Beijing. However, the market offers rich rewards; research firm Gartner Inc. estimated in June that organizations in China would spend $140 billion on tech products and services in 2014.

The draft law requires both foreign and domestic telecommunications and Internet service providers to create backdoors in their systems to give Chinese authorities surveillance access, hand over copies of their encryption codes and assist government agencies with decryption when asked, among other provisions. Also, companies would be required to store Chinese users’ data on servers in the Chinese mainland; otherwise, they wouldn’t be allowed to operate in the country.

Business groups and industry insiders say they are worried about the draft law’s scope and whether they are able to carry out its requirements.

“U.S. tech companies will be faced with a very difficult choice because they will have to decide whether they want to stay in China and basically submit to surveillance,” said Robert Atkinson, who heads the Information Technology and Innovation Foundation, a Washington-based think tank.

U.S. officials called on their Chinese counterparts to address the issue in a letter sent earlier in February, according to a U.S. official. The letter was signed by U.S. Secretary of State John Kerry , Treasury Secretary Jacob Lew , Commerce Secretary Penny Pritzker and U.S. Trade Representative Michael Froman, the official said. Chinese officials didn’t respond to requests for comment on Friday.

A number of tech companies with major businesses in China, including Apple Inc. and Microsoft Corp. , declined to comment. Others such as LinkedIn Inc. and Samsung Electronics Co. didn’t respond to requests for comment.

The law is being reviewed by the Standing Committee of the National People’s Congress, China’s legislature. The broader body is scheduled to convene on Thursday. The committee said on its website this past week that it had included provisions requiring authorities to get permission from Chinese officials before gaining access to citizens’ information through telecom and Internet companies.

The draft law is among a number of measures U.S. officials and business groups say could hurt them in the Chinese tech market. They are also protesting rules proposed for the Chinese banking industry that U.S. and European business groups say would require them to turn over proprietary technology and are overly intrusive. On Friday Mr. Froman, the U.S. trade representative, criticized the banking rules as violating China’s trade obligations. China’s banking regulator has said it would listen to all sides before enacting the rules.

Industry experts say broader worries about cybersecurity have hit companies ranging from Cisco Systems Inc. to International Business Machines Corp. They follow disclosures by former U.S. National Security Agency contractor Edward Snowden that U.S. intelligence officials have used U.S.-made gear for surveillance activities. China, which says it has been a victim of hacking, has pushed to develop domestic alternatives in areas ranging from servers to semiconductors.

Chinese authorities have been on high alert for terror threats after dozens were killed in a series of attacks last year, mostly related to a sporadically violent separatist movement based in China’s western region of Xinjiang. The draft legislation covers a wide range of areas the government says is necessary to strengthen the ability of its security apparatus to respond to and prevent attacks.

The tech industry faces similar scrutiny elsewhere, including in the U.S. The Obama administration has criticized U.S. tech firms for offering encrypting communications that can’t be unscrambled.

Tech firms hope Beijing might strike a better balance between national security demands and the need for an environment that is still conducive to business, said Erin Ennis, senior vice president of the US-China Business Council.

“Certainly, there are legitimate national security issues that any government should be protecting, but you can’t think that you’re acting in a vacuum where the measures that you do can solely focus on national security,” Ms. Ennis said. “People have to be able to trust that the products that they are using are secure.”

Industry insiders say requirements that companies store all data for Chinese users in China would be challenging to carry out given the amount of data. The requirement that companies hand over encryption keys also raises thorny questions for both companies and network security providers, they say.

China’s encryption source code demands raise the question of whether U.S. firms would be violating U.S. regulations on the exports of strong encryption, Mr. Atkinson said.

“It’s not just about human rights advocates in the U.S. decrying profit hungry U.S. technology companies. It’s whether U.S. law and regulations can even allow this,” he said.

Zunyou Zhou, a counterterrorism law expert at the Max Planck Institute in Germany, said China needs technological measures to combat terrorism more effectively, but they should be combined with strong oversight to prevent abuses.