中国加紧对关键技术的控制

近日流传美国对中国加紧对关键技术的控制反应强烈，这是一份总结：

2015.02.28观察者
奥巴马内阁要求中国取消银行业信息安全新规

我把纽约时报的原文附录在下。这报道是针对中国就银行技术设备的要求而言的，其中引用的参考消息的报道在此：

2015.02.28参考消息
外媒:美施压中国银行业技术新规 却严审中国投资
英媒：欧美企业上书政府 吁阻止中国网络安全新规
港媒：中国投资者并购美国企业 受审查最多
外媒关注中国启动网络安全审查 美国早有先例
中国人占美投资移民申请近九成 投资超百亿美元

参考消息相关资料较齐全，一并附上，但不确定华尔街日报原文出处。

然而这只是中国政府的第一步。目前中国已经逐渐减少和禁止在政府部门和关键企业、国家基础结构网络采用外国技术、设备：

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.“


最新的进展是中国最近将要制定反恐法，据说已在人大二稿宣读，即将通过。这反恐法很严厉，要求外国设备必须留后门、将密码上交中国政府。

对此，国外技术界更是担心。

路透社：China draft counterterror law strikes fear in foreign tech firms
华尔街日报：U.S. Presses China on Technology Rules（附录在下）

新浪对路透社报道的翻译：
路透：中国反恐法草案要求科技产品装“后门”

新浪科技讯 北京时间2月28日早间消息，路透社报道称，中国正在研究制定更广泛的反恐法，这将要求科技公司向政府部门提供加密密钥，并在产品中安装信息安全“后门”。许多欧美公司认为，这意味着在中国境内开展业务将更加不便。

中国人大的机构本周公布了首部反恐法的第二份草案，预计这一草案将于几周或几个月内得到通过。去年底，中国人大公布了反恐法的最初草案。当时的草案要求企业将服务器和用户数据保留在中国国内，向司法部门提供通信记录，并审查与恐怖主义有关的互联网内容。    

这一反恐法草案的覆盖范围远远超过了近期对金融行业的监管规定。当时的监管规定要求中国的银行采购国内技术产品。

对微软和苹果等美国科技公司来说，这意味着在信息安全和技术政策方面的又一次冲突。一名业内消息人士表示：“对于在中国境内开展业务的任何人来说，这都是一场灾难。你将无法再使用安全的VPN，你无法再安全地传送财务信息和任何企业机密。根据法律，没有任何是安全的。”

根据一名美国政府官员的说法，奥巴马政府已经对中国的反恐法草案表示了关切。美国和欧美其他国家的政府官员认为，包括新的银行业监管规定和反垄断调查在内，中国国外企业遭到了不平等的监管压力。

华盛顿战略与国际研究中心中国商业和政治经济项目研究主管斯科特·肯尼迪(Scott Kennedy)表示：“真正的考验在于如何执行。考虑到近期针对国外公司的反垄断案，对银行业的监管规定，以及在政府采购目录中减少国外公司的产品，国外公司有理由表示高度关切。”

实际上，过去多年时间里，欧美各国政府，包括美国和英国，也要求科技公司披露加密方式。包括美国联邦调查局(FBI)局长詹姆斯·科梅伊(James Comey)和国家安全局(NSA)局长迈克·罗杰斯(Mike Rogers)在内的官员去年曾公开表示，反对苹果和谷歌等公司使用司法部门无法访问的加密系统。

这没有表达了原文”害怕“之意。

德国之声中文网的翻译：中国制定反恐法 外国企业担心啥？

德国之声中文网）中国人大常委会本周开始审议该国首部 《反恐法》草案，该法预计将在接下来的几周或几个月内正式颁布。

根据中国人大去年年底公布的一份草案，各企业必须将服务器和用户数据储存在中国境内，并向执法机构提供通讯记录以及审查与恐怖主义有关的网络内容。

对于美国各大科技巨头而言，这可能意味着中美之间有关网络安全和科技政策的新一轮较量。

"对于所有在华经营业务的人来说都是一场灾难，"一名企业界人士对路透社表示。"你不能使用安全的VPN服务，不能安全传送金融信息，或者任何企业机密。根据这部法案，已经没有任何安全可言。"

有美国官员表示，奥巴马政府已经对中国表达了对于这份反恐法草案的担忧。

尽管中国最新的反恐法案将对国内外企业一概适用，但华府官员和西方商界游说人士则认为，这部法律以及此前推出的一系列反垄断调查和银行业IT采购规定等措施都旨在向外国企业施加不平等的监管压力。

以"反恐"为名的贸易保护主义？
不得不提的是，包括美国和英国在内的西方国家政府多年来都曾向科技企业施压，要求得到加密方式，并且取得程度不一的成果。

去年年底，美国联邦调查局（FBI）和国家安全局（NSA）曾警告包括苹果和谷歌在内的互联网公司，不要使用执法无法破译的加密程序。

北京政府强调，鉴于前NSA雇员 斯诺登所透露的美国间谍技术之先进程度，中国更有必要提高自身的网络安全措施。
路透社掌握的文件显示，去年12月，中国银行监管机构颁布规定，要求各银行在采购科技产品时必须遵守68项安全标准，确保"安全可控"。

国外开发的基于源代码的操作系统、数据库软件和中间件软件都必须在政府登记，才能允许采购。
美国贸易代表弗罗曼（Michael Froman）周四（2月26日）发表声明，批评中国的银行业采购新规，认为这些规定"并非出于安全考量，而是贸易保护主义，有利于中国企业。"弗罗曼表示美国正积极努力，促使中方收回这些规定。

美国在华商会主席吉莫曼(James Zimmerman)表示，中方的最新规定一旦实施，不仅会限制美国企业的商业机会，也可能对中国自身造成影响。

"过度反恐政策的一个不幸后果是，可能会在技术方面将中国孤立于全世界。最终结果是，限制该国获得尖端技术和创新的途径。"

但是，许多不愿意透露姓名的美国科技企业负责人和业内人士都表示，由于事关公共安全事务，他们担心最新的安全法案会比银行业监管新规更加严厉，同时话题敏感性更强。

中国版《爱国者法案》
一名业界人士表示，最新的反恐法草案中，对于企业配合执法机关的内容定义模糊、外延甚广，这让外界尤为忧虑。此外，拒绝合作可能遭受严厉惩罚甚至牢狱之灾。

"这相当于一份强度非常非常高的《爱国者法案》"，一位美国商界人士表示。《爱国者法案》是2001年9·11恐怖袭击发生后，乔治·W·布什总统力主通过的一份反恐法案。

路透社对中国人大发出的采访请求没有得到立即回应，苹果和谷歌公司则拒绝对中国反恐法草案置评，微软公司也没有对采访请求作出回应。

中国领导人表示国家面临宗教极端分子和分离主义者的严重威胁，反恐法案的制定由此而来。过去两年内，已经有数百人在新疆等地发生的中丧生。北京政府始终指责试图建立"东突厥斯坦"的伊斯兰极端分子要为暴力行为负责。

觉得“要求外国设备必须留后门、将密码上交中国政府”较严，不是说永远不能采用，不过目前不合适，它不单只限制外国产品，也会影响中国企业、产品的声誉，应延缓执行，考虑观察一段时间再说。



2015.02.27纽约时报
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.”
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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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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.


华尔街日报：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.