Weathering TechNationalism
3 TechNationalism Today and Its Deficiencies Legitimate national security concerns may justify strict, targeted measures based on accurate threat assessments. Nevertheless, the measures some governments are utilizing to restrain or control foreign ICT can produce unintended effects with negative implications.
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he factors outlined above have led some states to take measures to restrict access to and exercise control over ICT. While the intent is for such measures to increase security, they have significant downsides.
Restrictive Measures Bans and restrictions of technologies or vendors based on country of origin have recently received broad public attention. The U.S. government took action based upon alleged threats to national security from foreign ICT in U.S. communications networks and federal IT systems. Primary examples include U.S. bans against Chinese 5G network equipment manufacturers Huawei and ZTE (along with proposals to ban additional Chinese companies), and Russian anti-virus technology company
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Kaspersky.43 Governments may also enforce targeted restrictions on specific domains of application (e.g., critical infrastructure) or require the use of domestically designed and manufactured modules for critical functions, such as add-on encryption functions or lawful intercept capabilities in telecom networks equipment. Furthermore, foreign software and hardware for critical or sensitive applications have been subject to government-mandated technical reviews and audits based on technical security requirements. China’s 2017 Cybersecurity Law (CSL) and related regulations established a comprehensive review regime that appears to require the disclosure of proprietary code as part of mandated 43 The White House, Executive Order on Securing the Information and Communications Technology and Services Supply Chain, (2019); and U.S. Department of Homeland Security, Statement on the Issuance of Binding Operational Directive 17-01, (September 13, 2017), https://www.dhs.gov/ news/2017/09/13/dhs-statement-issuance-binding-operational-directive-17-01.