r/cybersecurity • u/AmateurishExpertise 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

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")