關於 china national security law (2015) ，我們在網路上蒐集到這些相關的討論、資訊與評價

Breaking‼️

美東時間1月5日傍晚，川普以國家安全為由，用行政命令方式禁止阿里支付寶、微信支付、QQ錢包在內的8款中國應用程式（App)。

行政命令發佈後45天，禁止任何人與實體與這8款中國應用程式（App）進行交易。

按照日程，美國下任政府將在15天後，1月20日上任。

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美國商務部長在同一時間發聲明表示，已指示商務部按行政命令執行禁令，「支持川普總統保護美國人民隱私與安全，免於受到中國共產黨的威脅。」

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▫️8款App:

支付寶（Alipay）、掃描全能王(CamScanner)、QQ錢包（QQ Wallet）、茄子快傳（SHAREit）、騰訊QQ（Tencent QQ）、阿里巴巴旗下海外短視頻應用VMate、微信支付（WeChat Pay）和辦公型App WPS Office。

圖三：美國商務部聲明

圖四：美國國安顧問聲明
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▫️白宮行政命令全文：

The White House
Office of the Press Secretary
FOR IMMEDIATE RELEASE
January 5, 2021
EXECUTIVE ORDER



- - - - - - -



ADDRESSING THE THREAT POSED BY APPLICATIONS AND OTHER SOFTWARE DEVELOPED OR CONTROLLED BY CHINESE COMPANIES



By the authority vested in me as President by the Constitution and the laws of the United States of America, including the International Emergency Economic Powers Act (50 U.S.C. 1701 et seq.) (IEEPA), the National Emergencies Act (50 U.S.C. 1601 et seq.), and section 301 of title 3, United States Code,

I, DONALD J. TRUMP, President of the United States of America, find that additional steps must be taken to deal with the national emergency with respect to the information and communications technology and services supply chain declared in Executive Order 13873 of May 15, 2019 (Securing the Information and Communications Technology and Services Supply Chain). Specifically, the pace and pervasiveness of the spread in the United States of certain connected mobile and desktop applications and other software developed or controlled by persons in the People's Republic of China, to include Hong Kong and Macau (China), continue to threaten the national security, foreign policy, and economy of the United States. At this time, action must be taken to address the threat posed by these Chinese connected software applications.

By accessing personal electronic devices such as smartphones, tablets, and computers, Chinese connected software applications can access and capture vast swaths of information from users, including sensitive personally identifiable information and private information. This data collection threatens to provide the Government of the People's Republic of China (PRC) and the Chinese Communist Party (CCP) with access to Americans' personal and proprietary information -- which would permit China to track the locations of Federal employees and contractors, and build dossiers of personal information.

The continuing activity of the PRC and the CCP to steal or otherwise obtain United States persons' data makes clear that there is an intent to use bulk data collection to advance China's economic and national security agenda. For example, the 2014 cyber intrusions of the Office of Personnel Management of security clearance records of more than 21 million people were orchestrated by Chinese agents. In 2015, a Chinese hacking group breached the United States health insurance company Anthem, affecting more than 78 million Americans. And the Department of Justice indicted members of the Chinese military for the 2017 Equifax cyber intrusion that compromised the personal information of almost half of all Americans.

In light of these risks, many executive departments and agencies (agencies) have prohibited the use of Chinese connected software applications and other dangerous software on Federal Government computers and mobile phones. These prohibitions, however, are not enough given the nature of the threat from Chinese connected software applications. In fact, the Government of India has banned the use of more than 200 Chinese connected software applications throughout the country; in a statement, India's Ministry of Electronics and Information Technology asserted that the applications were "stealing and surreptitiously transmitting users' data in an unauthorized manner to servers which have locations outside India."

The United States has assessed that a number of Chinese connected software applications automatically capture vast swaths of information from millions of users in the United States, including sensitive personally identifiable information and private information, which would allow the PRC and CCP access to Americans' personal and proprietary information.

The United States must take aggressive action against those who develop or control Chinese connected software applications to protect our national security.

Accordingly, I hereby order:

Section 1. (a) The following actions shall be prohibited beginning 45 days after the date of this order, to the extent permitted under applicable law: any transaction by any person, or with respect to any property, subject to the jurisdiction of the United States, with persons that develop or control the following Chinese connected software applications, or with their subsidiaries, as those transactions and persons are identified by the Secretary of Commerce (Secretary) under subsection (e) of this section: Alipay, CamScanner, QQ Wallet, SHAREit, Tencent QQ, VMate, WeChat Pay, and WPS Office.

(b) The Secretary is directed to continue to evaluate Chinese connected software applications that may pose an unacceptable risk to the national security, foreign policy, or economy of the United States, and to take appropriate action in accordance with Executive Order 13873.

(c) Not later than 45 days after the date of this order, the Secretary, in consultation with the Attorney General and the Director of National Intelligence, shall provide a report to the Assistant to the President for National Security Affairs with recommendations to prevent the sale or transfer of United States user data to, or access of such data by, foreign adversaries, including through the establishment of regulations and policies to identify, control, and license the export of such data.

(d) The prohibitions in subsection (a) of this section apply except to the extent provided by statutes, or in regulations, orders, directives, or licenses that may be issued pursuant to this order, and notwithstanding any contract entered into or any license or permit granted before the date of this order.

(e) Not earlier than 45 days after the date of this order, the Secretary shall identify the transactions and persons that develop or control the Chinese connected software applications subject to subsection (a) of this section.

Sec. 2. (a) Any transaction by a United States person or within the United States that evades or avoids, has the purpose of evading or avoiding, causes a violation of, or attempts to violate the prohibition set forth in this order is prohibited.

(b) Any conspiracy formed to violate any of the prohibitions set forth in this order is prohibited.

Sec. 3. For the purposes of this order:

(a) the term "connected software application" means software, a software program, or group of software programs, designed to be used by an end user on an end-point computing device and designed to collect, process, or transmit data via the Internet as an integral part of its functionality.

(b) the term "entity" means a government or instrumentality of such government, partnership, association, trust, joint venture, corporation, group, subgroup, or other organization, including an international organization;

(c) the term "person" means an individual or entity;

(d) the term "personally identifiable information" (PII) is information that, when used alone or with other relevant data, can identify an individual. PII may contain direct identifiers (e.g., passport information) that can identify a person uniquely, or quasi-identifiers (e.g., race) that can be combined with other quasi-identifiers (e.g., date of birth) to successfully recognize an individual.

(e) the term "United States person" means any United States citizen, permanent resident alien, entity organized under the laws of the United States or any jurisdiction within the United States (including foreign branches), or any person in the United States.

Sec. 4. (a) The Secretary, in consultation with the Secretary of the Treasury and the Attorney General, is hereby authorized to take such actions, including adopting rules and regulations, and to employ all powers granted to me by IEEPA, as may be necessary to implement this order. All agencies shall take all appropriate measures within their authority to implement this order.

(b) The heads of agencies shall provide, in their discretion and to the extent permitted by law, such resources, information, and assistance to the Department of Commerce as required to implement this order, including the assignment of staff to the Department of Commerce to perform the duties described in this order.

Sec. 5. Severability. If any provision of this order, or the application of any provision to any person or circumstance, is held to be invalid, the remainder of this order and the application of its other provisions to any other persons or circumstances shall not be affected thereby.

Sec. 6. General Provisions. (a) Nothing in this order shall be construed to impair or otherwise affect:

(i) the authority granted by law to an executive department, agency, or the head thereof; or

(ii) the functions of the Director of the Office of Management and Budget relating to budgetary, administrative, or legislative proposals.

(b) This order shall be implemented consistent with applicable law and subject to the availability of appropriations.

(c) This order is not intended to, and does not, create any right or benefit, substantive or procedural, enforceable at law or in equity by any party against the United States, its departments, agencies, or entities, its officers, employees, or agents, or any other person.



DONALD J. TRUMP



THE WHITE HOUSE,

January 5, 2021.

Possessed by Auntie Hua ｜Lee Yee

“I have always possessed the worst malice when speculating about the Chinese people,” said Lu Xun. It has almost been a century since Lu Xun said this. Is it still the case, or is it even worse? The modern version needs no more “speculations” that there have been too much evidence and universally applicable inferences.

Carrie Lam talked about the sanctions from the US and reiterated that she has no assets in the US. She said, “I am not eager to go to the US, and I just laugh it off and snort with contempt at the so-called sanctions against myself as they are neither reasonable nor logical.”

Those who truly love the country and the party should put aside personal interest considerations, even if they have assets in the US, even if they yearn for the US, they must do what they should do for the interests of the party-state. As such, why do some who have assets in the US or yearn for the US not able to laugh it off, but instead put their personal interests above the implementation of the CCP’s will? Or should they be prepared for sanctions as soon as possible?

"Snort with contempt"? Such scorn towards the US sanctions. But what if not only the US, but also the UK joins the sanctions? A few days ago, in "A Laowai’s [foreigner's] view of China" video, Alicia Kearns, a member of the Parliament of the UK and a member of the Foreign Affairs Select Committee, talked about her views on the Hong Kong version of the National Security Law and the sanctions against Carrie Lam and other officials. She said, "I really hope we can see the sanctions against the CCP, they are the group of people who have committed the most appalling human rights violations in the world." When Carrie Lam was asked two days ago whether her family members hold British passports, she said that her family members are those who need her protection the most. Therefore she refused to discuss anything about them. Why can’t she “snort with contempt” at the possible sanctions by the UK?

Carrie Lam said that whether it is the National Security Law or the postponement of the elections, the decisions were "based on the interests of the Hong Kong people": "I don't understand at all. Why will a local leader carry out local duties within her country be sanctioned by foreign governments? I really don’t know the grounds and the logic behind this.”

Many countries have already repeated clearly the reasons behind but being the Chief Executive of Hong Kong, she still does not understand. Has she been possessed by Auntie Hua [Chinese Auntie]? Other reasons aside, just take how various countries have now suspended their extradition agreements with Hong Kong. When these agreements were signed, Hong Kong law clearly stated that the arrangement for the surrender of fugitive offenders is not applicable to "any other part of the People’s Republic of China". This means the offenders in Hong Kong will not be extradited to any other part of China, but the Hong Kong version of the National Security Law changed everything. Article 56 states that criminals who violate the National Security Law can be investigated by the Office for Safeguarding National Security of the CPG in the HKSAR and the Supreme People’s Procuratorate can exercise the prosecutorial power, while the Supreme People’s Court can exercise the judicial power. The situation is now different from when the agreements were signed, so it is reasonable to terminate the agreement when no choices are left. However, there are two kinds of logic in the world, one is logic and the other one is the Chinese logic. What Carrie Lam follows is Chinese logic.

In response to the Western sanctions against her, Carrie Lam claimed that "justice lies in the hearts of the people". She also said that the postponement of the LegCo election was primarily for the health of the public, without political considerations, and not from the fear of losing the election. She believed that the foundation of public opinion for the postponement of the election was solid. Praise the Lord if she hadn't mentioned the public opinion, because even God would even laugh at the absurdity. According to the latest public opinion survey published on July 28, Carrie Lam’s approval rate was only 18%, the disapproval rate was 72%, and the net rating was negative 54%, which was a record low. With such a rating, she is able to talk about "the hearts of the people" and "foundation of the public opinion " with no embarrassment and without blushing!

Earlier, there have been rumors from the leaders of the pro-Beijing camp, and coupled with the high voter turnout rate from the pro-democracy primaries, only mentally-challenged would believe Carrie Lam that the postponement of the election for one year is for the sake of the health of the people. There is a saying in the British TV series "Yes Minister": "Never believe anything until it has been officially denied." Now Carrie Lam denied both political considerations and the fear of losing - something the people can finally believe to be true.

Carrie Lam’s big moves in the consecutive days and her Auntie Hua style rhetoric have made Hong Kong citizens understand more reversely what the “Special Atrocious region government” has done: Why are only Xinjiang and Hong Kong the two places in China with the epidemic outbreaks? Borders are not closed so to introduce the Chinese laboratories, and build the Fangcang hospital. During the period from February to May, more than 200,000 people were exempted from quarantine, bringing new levels of severity to the epidemic, and therefore the election is postponed for one year due to the epidemic. Are these all scripted? Some netizens reminded that in 2015, Xinjiang Uyghurs randomly assaulted 13 people brutally at Guangzhou train station. In the same year, Xinjiang's "re-education camps" surfaced.

Hong Kong has accelerated towards one system. According to Lu Xun, there's never "the worst" and only “worsening”.

Exchange for Support (Lee Yee)

There was one other major world event on Jul 1, apart from the promulgation of the National Security Law for Hong Kong. A referendum was held in Russia on the revision of the country’s Constitution.

In the Newscast on the night before last, CCTV broadcast a key feature about the telephone dialogue between Xi Jinping and Russian President Putin. Putin expressed firm support from Russia for China's efforts to maintain national security in Hong Kong. Xi mentioned the Russian constitutional amendment, endorsed by a majority vote in a referendum, which will allow Putin’s term as the president to last until 2036. Xi reaffirmed China’s firm support for Russia's commitment to a development direction that is appropriate for the nation.

Not a word was uttered by China on Russia’s celebration of its 160-year occupation of Vladivostok. Instead, the compliments on Putin’s uninterrupted re-election were dished out in exchange for Russia’s support for the National Security Law.

Although there are 53 countries on the United Nations Human Rights Commission (and reportedly 20 more) that support Hong Kong National Security Law, once all the names of these countries are unfolded, it is not hard to spot that none of them are countries that would likely attract Chinese nor Hong Kong people to invest, study, or live in. There is not a single great power amongst them. However, though opposition to the law has only been voiced out by 27 countries, all of them are influential with significant leverage on world affairs. Of course, among them the most adamant is the United States, which has withdrawn from the Human Rights Commission. Now that Russia is at last joining the Chinese bandwagon, the situation looks a little less awkward for China.

On July 1, the referendum on the constitutional amendments in Russia drew to a close. 78% of the voters supported the amendments, the most important one of which is the "removal of the upper limit of the presidential term in the ‘re-election’ clause”. That is to say, all the presidential terms before the amendment takes effect will be revoked. Everything will be back to zero. Putin's term of office will start all over again. According to the new constitution, Putin can be re-elected as the president until 2036. He will have stayed in the highest power for the longest in Russian history, even surpassing the reign of Peter the Great.

Like Xi Jinping, who forced through the National Security Law for Hong Kong, Putin did not receive any blessings from other major international powers for his feat. There was no strong opposition because after all it went through a referendum. The United States and the European Union, however, were skeptical about the voting process, questioning whether there was coercion of voters, or repeated voting.

Russia's deletion of the presidential re-election regulations is analogous to China's deletion of the presidential re-election regulations in the year before last. With both world powers ruled by lifetime leaders, concerns about such a situation have been raised in international public opinion.

Despite all the twists and turns throughout history, in China as well other countries, everything boiled down to power struggles that basically stemmed from succession schemes amongst the most powerful, which in turn came with a lifetime tenure amongst top leaders. A lifetime tenure for the most powerful led to absolute power that bred absolute corruption, which is the root cause of all political complexities in human society.

All the struggles in the royal courts originated from the inheritance of power. The potential heirs, not the sons, of an emperor were the focuses. There was no place for normal family intimacies amongst sons, daughters, siblings, wives and concubines. Family relationships were built on associations with the potential heirs. For the past 70 years in the Soviet Union, the severe suppression of the people by the dictatorship, and all the brutal struggles have all been due to the inheritance of power at the highest level. During Mao Zedong’s rule, every single one of the never ending political movements of class struggles could be traced back to the inheritance of power at the top. Ordinary people were the victims as a result.

After millennia in the dark ages, it was not until 1776 when the United States became independent that the problem of inheritance of power at the highest level was basically solved. Finally, people could vote to authorize the succession of power in a legal manner, without bloodshed and contention. A system was established to ensure the separation of the three powers, a multi-party system, freedom of news reporting, speech, religion, and association, etc. as checks and balances of the highest power so as to prevent absolute corruption that came with absolute power.

In 1800, there were only three democratic countries in the world. By 2015, the number of countries authorized by the peoples’ votes increased to 130. According to Churchill, ‘democracy is the worst form of government except for all those other forms that have been tried from time to time.’ In all those that have been tried, plebs were inevitably victimized in the power struggles.

Deng Xiaoping might also have understood that power inheritance is the root cause of all political complexities. That was why he laid down the system for naming the heir for the generation after the immediate next. This system achieved a certain period of social stability. What is the impact of abandoning this approach? Putting China aside, what we saw in Hong Kong was the changes in the period from the Causeway Bay Bookstore incident to the implementation of the Hong Kong version of National Security Law.