Mackinnon reports:
Alberstein said that Cisco sells to police around the world, and it's not illegal for Cisco to do business with the Chinese police, because the equipment sold is not actually prohibited under the Foreign Relations Authorization Act. (Indeed, the Act only prohibits equipment like stun guns, handcuffs and helmets, saying nothing about high-tech communications or networking equipment.)
Cisco states: "Networking products from Cisco and our competitors are not covered by this legislation".
In fact, the Act (specifically, section 902(a)(4) of the Foreign Relations Authorization Act for FY 1990 - 1991, Public Law 101-246) suspends the issuance of licenses under Section 6(n) of the Export Administration Act of 1979, as amended, for the export of any crime control or detection instruments or equipment to the PRC.
The U.S. Government defines crime control and detection instruments as including "equipment, related technology, and software". In other words, Mr.Alberstein's definition is rather too narrow - both in the spirit of the law - and the letter. The categorization of crime control or detection instruments stretches well beyond "equipment like stun guns, handcuffs and helmets", to include, for example:
| 3A980 | Voice print identification and analysis equipment | ||
| 3A981 | Polygraphs, fingerprint analyzers, cameras, and equipment | ||
| 3D980 | Software for items under 3A980 and 3A981 | ||
| 3E980 | Technology for items under 3A980 and 3A981 | ||
| 4A003* | Digital computers for computerized fingerprint equipment only | ||
| 4A980 | Computers for fingerprint equipment | ||
| 4D001* | Software for items under 4A003 only | ||
| 4D980 | Software for items under 4A980 |
Let's have a look, then, at at one of Cisco's U.S. competitors: Sun. In 2001 I wrote,
Sun Microsystems is .. involved in transferring high-tech expertise to the Chinese security apparatus. Working with Changchun’s Hongda Group, market leaders in fingerprint recognition technology, Sun Microsystems developed a computer network linking all 33 provincial level police bureaus, forming one layer of the Golden Shield, allowing the PSB instant comparison of fingerprints with a nationwide database.
The following year Ethan Guttman wrote,
“The ChinaInformation Infrastructure Expo”, At the Sun Microsystems booth a Ms. Angela Ying urged me to press my finger onto the screen and then she explained that they were setting up a national fingerprint and facial recognition system with a Chinese partner named Golden Finger. They were going to use this to imbed a national ID card for Chinese state security. She said it will be a total solution. Sun would provide the hardware, the server and the computing power, Sony would provide the surveillance cameras and Golden Finger would provide the Midas touch with Chinese public security. . . .
Sun's involvement in supplying fingerprint technology is a good example of where violations of the Foreign Relations Authorization Act may very well have occured.
