Trump’s Tough Talk on Chinese IP Theft: Too Little Too Late?

trumpDonald Trump made some questionable remarks this week that have rightly caused an almighty backlash. But one thing he did that may have more support, is sign an executive memorandum which will most likely lead to a lengthy investigation into alleged widespread Chinese theft of US IP. This is a big deal in Silicon Valley and something that has irked US business in general for years.

The question is, will this latest strategy actually result in any concrete changes on the Chinese side? As you can see from this new IDG Connect piece, I’m not convinced.

Years of theft

There are few things Democrats and Republicans agree on, but one is that China has had things far too long its own way when it comes to trade. The US trade deficit between the countries grew to $310 billion last year, helped by the growing dominance of Chinese businesses. Many of these have been able to accelerate their growth and maturation thanks to IP either stolen by hackers from US counterparts or take via forced joint ventures and tech transfers. Many of them are selling back into the US or their huge domestic market, undercutting American rivals.

Chinese firms don’t have the same restrictions around forced JVs and tech transfers to enter the US market. In fact, the likes of Baidu even have Silicon Valley R&D centres where they’re able to recruit some of the brightest locals, while government-backed VC firms have been funding start-ups to continue the seemingly relentless one-way IP transfer.

There are, of course, more nuances to the dynamic, but you get the point.

All talk

So, will this investigation get us anywhere? After all, it will empower the President to take unilateral action including sanctions and trade embargoes. Well, on the one hand, little gain can be made from stopping Chinese IP hackers, as they have stopped outright theft ever since a landmark Obama-Xi deal in 2015, according to FireEye Chief Intelligence Strategist, Christopher Porter.

“If anything, discontinuing straightforward theft of intellectual property for strictly commercial purposes has freed up Chinese actors to focus more on these other targets than ever before, so the risk to companies before and after the Xi Agreement depends heavily on what industry that company is in and what sort of customer data they collect,” he told me via email.

That’s not to say the Chinese aren’t still active in cyberspace, but it’s less around IP theft, which is the focus of this investigation, Porter added.

“We have seen an increase in cyber threat activity that could be Chinese groups collecting competitive business intelligence on US firms selling their products and services globally—several companies that were targets of proposed M&A activity from would-be Chinese parent companies were also victims of Chinese cyber threat activity within the previous year, suggesting that they may have been targeted as part of the M&A process to give the Chinese company a leg-up in negotiations,” he explained.

Which leaves us with JVs and tech transfers, which have provided Chinese companies with vital “know-how” and “know-why” over the years. To my mind, if there’s any area where the US can and should focus its diplomatic and negotiating efforts, it’s here. However, as reports in the past have highlighted, it took China years to construct a gargantuan, highly sophisticated tech transfer apparatus, and it won’t be looking to bin that anytime soon, especially with the Party’s ambitious Made in China 2025 strategy now in full swing.

Neither side will want to become embroiled in a trade war. The US has too many companies which count China as a major market – it’s Apple’s largest outside the US, for example – and Chinese firms are doing very well selling into the US, as that huge trade deficit highlights.

In the end, my suspicion is that this is just another bit of Trump tough talk which will actually produce very little.

“This long-awaited intervention should also probably be viewed in the larger picture of the way the Trump administration operates: in terms of ‘carrot and stick diplomacy’,” Trend Micro European Cyber Security Strategist, Simon Edwards, told me.

“It is also well documented that the US administration is trying to use trade deals to get action on the situation in North Korea; and perhaps this is more of a stick to be used with the accompanying ‘carrot’ of a greater trade deals?”

Time will tell, but it’s unlikely that US tech companies operating in China, and their global customers, will be any better off after this latest test.

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The Annual Cost of China’s Economic Cyber Espionage: $5 Trillion

chinese flagHow much do you think Chinese state-sponsored cyber spies steal from the US each year? No, you’re way off. It’s in the region of $5 trillion – 30% of GDP – according to one expert interviewed in a new exposé of Beijing-backed cyber attacks by the Epoch Times.

I covered this one for Infosecurity and IDG Connect because although most of the info for the article came from publicly available sources, it had some interesting insight from various industry experts and tied together the whole shadowy web of guanxi-tinged goings-on in the Middle Kingdom very well.

Particularly illuminating were claims that there are hundreds of state-backed “tech transfer centres” whose mission is to earmark IP they want, send scientists abroad to study in relevant industries and then reverse engineer products from stolen IP. It’s China investing in state-sanctioned theft because it’s quicker, easier and way cheaper than doing R&D the legal way. It’s happening on an industrial scale, to feed the country’s military aspirations and economic growth – many of the products are produced cheaply and sold back to the West at a fraction of the cost of the originals.

It’s thoroughly depressing but fascinating stuff and will make for frustrating reading if you’re a US tech CEO. If you haven’t been breached yet, you will be – or maybe you just haven’t found out about it yet.

China can do this, of course, because there’s a very fine line between government, academia, military, state-owned enterprise and even private business. All organisations must have a CCP committee which some believe sits even higher than the board. And all are expected to pull together for the betterment of Team China. But while the report calls out state-owned enterprises, there is in fact little in the way of evidence that private businesses have capitalised on stolen IP to accelerate R&D and produce cheap kit with which to flood Western markets.

Report author Josh Philipp told me that evidence was hard to find – even the US indictment of five PLA hackers last year referenced only SoEs. IP theft does happen, however, especially by contract manufacturers making products for US firms, although this is slightly different from the cyber espionage/tech transfer cycle mentioned in the report.

“Any private company involved would likely be running a small-scale counterfeit operation, which would be hard to pin down,” Philipp told me.

What is clear is that despite recent exhortations from the top to create an “innovation driven” country – an admission in itself that hitherto China’s economic growth and military might has been built on theft – the Chinese communist regime is unlikely to change things around anytime soon.

Western firms must get better at deflecting these attacks – and in so doing force up the size of investment needed by Beijing into cyber espionage activity, so that attack campaigns are just not worth the return in many cases. If they don’t, we can expect the same old breach headlines to continue ad infinitum.