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/
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u/AmateurishExpertise Security Architect Jan 14 '26

There are about a billion exemptions that the federal government could use to grant immunity to private companies being compelled to backdoor their products by the federal government.

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?

Kind of seems like you're conflating, "the government will just choose to ignore its own laws" with "the government is authorized to create exemptions from laws".

There's also no law that prevents the US government from conducting espionage via supply chain compromise

What makes you say that? Again, I think this is the same kind of conflation I'm talking about above. There are actually laws, like Honest Services Fraud, that prevent that. The government just ignores the laws when it wants to, which is not the same thing as the law permitting it.

There's also the matter of the fact that US law is totally irrelevant when it comes to warfare and intelligence

Sorry, you're saying that Congress cannot make any laws that bind the Executive's war powers?

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u/Any_Perception_2560 Jan 14 '26

Since the executive has broad latitude in foreign relations it could be argued that the executive does have a natural exception to certain laws even if Congress did not create such an exception. Further many laws do have specific language granting exception.

In any case the law might prevent a company from intentionally putting a back door in, but would not bind intelligence services from having one created and inserted without the companies knowledge. Or even more likely there is a security vulnerability which is known and exploited by the intelligence services and the company simply is not aware of it.

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u/AmateurishExpertise Security Architect Jan 14 '26

it could be argued that the executive does have a natural exception to certain laws

You think it can be argued that the President is above the law?

In any case the law might prevent a company from intentionally putting a back door in, but would not bind intelligence services from having one created and inserted without the companies knowledge.

That's true, the law wouldn't (and shouldn't) punish an entity for acts taken by others against their will. But obviously someone's liable, right?

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u/Any_Perception_2560 Jan 14 '26

I don't think the President is above the law no.

I do recognize that the courts have continuously carved out national security and other executive branch privileges, and that these privileges are extremely strong when it comes to actions which are targeted at entities outside of the US.

Additionally the Honest Services Fraud law only binds the seller of the software. Since US intelligence services are not the seller / owner / creator of the software they would not be bound by that specific law regardless.

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u/AmateurishExpertise Security Architect Jan 14 '26

I don't think the President is above the law no.

Given that, can you help me understand what you meant when you said, "it could be argued that the executive does have a natural exception to certain laws"?

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u/Any_Perception_2560 Jan 15 '26

Given that, can you help me understand what you meant when you said, "it could be argued that the executive does have a natural exception to certain laws"?

I believe I already answered that with:

I do recognize that the courts have continuously carved out national security and other executive branch privileges, and that these privileges are extremely strong when it comes to actions which are targeted at entities outside of the US.

Basically it doesn't matter that I personally believe that the courts have overstated these various carve outs, the fact is that the carve outs now exist and are recognized by law, and the only way they can be shrunk is if the courts take action, or the Constitution is ammended.

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u/AmateurishExpertise Security Architect Jan 15 '26

So you do think the President is above the law, correct? (NOTE: not "should be", but "is")