Friday, May 23, 2014

If China Were Smart, They'd Call Our Bluff

A poster at the Justice Department showing the five men charged this week with hacking the computers of American companies, presumably for the benefit of Chinese businesses. CreditJustice Department, via Associated Press

If China were smart, they'd call the State Department/FBI bluff and extradite these guys for trial in the U.S. Other than their so-called digital signatures, there's no way a U.S. jury would convict these guys. A public trial—where the accused could see the evidence against them—would seriously work to the benefit of the Chinese intelligence community. A big-time if-the-glove-doesn't-fit-you-must-acquit defense attorney could really make a name for himself. And China (or their proxies) could ignore any gag order and make their case along the lines stated in yesterday's New York Times story (read it here):

The Obama administration makes a distinction between hacking to protect national security, which it calls fair play, and hacking to obtain trade secrets that would give an edge to corporations, which it says is illegal. China and other nations accuse the United States of being the biggest perpetrator of both kinds of espionage.
Please don't misinterpret my post today as being the least bit sympathetic to China. The current Mad Magazine version of Spy-vs-Spy unfolding by our bumbling policy engine is really kind of funny, and demonstrates the ludicrous futility of playing defense only. We could…drum roll…eliminate international shenanigans virtually overnight by adopting The Morgan Doctrine of privatizing international cyber security with licensed and bonded cyber privateers.

Taman Shud.

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Implementation suggestions for THE MORGAN DOCTRINE are most welcome. What are the "Got'chas!"? What questions would some future Cyber Privateering Czar have to answer about this in a Senate confirmation hearing?