Steve Webel via Compfight

Prevendra’s Christopher Burgess posted a piece on China in the Huffington Post – China’s Military – Here we are!, which noted how the People’s Republic of China (PRC) has been eating the West’s intellectual property lunch for the past 25+ years in accordance with the PRC”s published doctrine.

Especially worthy of note for those following the national security and geopolitical dynamic is the speed at which the PRC operates when voicing their denial as to the China government’s participation in any cyber shenanigans. Plausible denial is a wonderful thing, but we really should accept the doctrine published in Unrestricted Warfare (1999) which calls out the explicit use of technologically astute citizens to do the heavy lifting within the cyber arena.  This begs the question: “If China is not engaged, officially, why aren’t they engaged in cleaning up the cyber-nuisance factor emanating from their shores?“

For now, our advice for companies doing business in China – caveat emptor – you want to lock down your intellectual property exposure within the PRC.  Furthermore, ensure your technology does not fall under the rubric of the International Trafficking in Arms Regulations (ITAR) or Export Administration Regulations (EAR).  The US Department of Commerce and Department of State have very clear guidance published with respect to what is and isn’t considered advanced technologies. Compliance is non-negotiable for a US company. Review these regulations and assume if your product/technology falls within any of the identified areas, then it may also fall within the scope of the type of information for which there exists an interested party in the PRC.