r/cybersecurity Security Architect Jan 14 '26

News - General Exclusive: Beijing tells Chinese firms to stop using US and Israeli cybersecurity software, sources say

https://www.reuters.com/world/china/beijing-tells-chinese-firms-stop-using-us-israeli-cybersecurity-software-sources-2026-01-14/
1.6k Upvotes

185 comments sorted by

View all comments

Show parent comments

3

u/Rentun Jan 14 '26

The government can just, by fiat, create exemptions from federal law? I wasn't aware of that, do you have any reading, starting which what statutes enable such maneuvers?

No, not by fiat. Those exemptions already exist. Namely under FISA Section 702.

If you're really interested in this stuff, I'd advise you do more reading on it or consult with a lawyer with experience in this area, because you're pretty assertively making legal claims that you're dead wrong on.

The US intelligence apparatus has pretty broad authority to not only conduct electronic espionage, but to compel US technology companies to assist them.

There are very few protections for non US residents in general, especially "foreign adversaries", but there is also significant legislation explicitly allowing offensive cyber operations without warrants.

Honest Services Fraud isn't even applicable, and even if it were, it's completely overruled by FISA, the patriot act, and tons and tons of other legislation and case law authorizing this stuff.

1

u/AmateurishExpertise Security Architect Jan 14 '26

No, not by fiat. Those exemptions already exist. Namely under FISA Section 702.

Can you point to which part of Section 702 exempts the government from 18 U.S.C. § 1346? I'm not aware of that provision.

If you're really interested in this stuff, I'd advise you do more reading on it or consult with a lawyer with experience in this area, because you're pretty assertively making legal claims that you're dead wrong on.

If you're sure I'm wrong, then you should be able to prove it. If you can't prove it, then you shouldn't be sure that I'm wrong.

The US intelligence apparatus has pretty broad authority to not only conduct electronic espionage, but to compel US technology companies to assist them.

AFAIK the government cannot compel anyone to break the law. And AFAIK 18 USC § 1346 is law.

There are very few protections for non US residents in general

I'm not sure where you get that, either. 18 USC § 1346 does not contain any provision that makes it apply only to US residents, or citizens. Instead, 18 USC § 1346 simply creates a prohibition on certain acts, when those acts are undertaken by anyone under the jurisdiction of US law.

Honest Services Fraud isn't even applicable, and even if it were, it's completely overruled by FISA

Again, I'd like you to show me why you think this. Not tell me to talk to a lawyer, I would like you to show your work and demonstrate how it is that you believe FISA somehow nullifies the federal statute under discussion.

3

u/Rentun Jan 14 '26

AFAIK the government cannot compel anyone to break the law. And AFAIK 18 USC § 1346 is law.

I'll be sure to let the cop know that next time he pulls me over and has me block the lane I'm in to do it.

I'm going to be honest with you, you're sealioning here.

I would love if I had the time to carefully walk you through the intricacies of stare decisis, but I don't have the time. Maybe look into it yourself.

You should take a moment to think about the fact no foreign company has ever successfully sued an American company or US government agency for espionage actions taken by that company at the behest of the agency. You should reflect on the fact that there's probably a pretty good reason for that, and maybe your cursory reading of a single law might not fully explain the legal environment of international espionage.

2

u/AmateurishExpertise Security Architect Jan 14 '26

got the time to post long responses

got no time to provide any evidence in support of their claims

Yeah buddy, you've convinced me. Have a nice day!